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VS-1     1 


GENERAL  LAWS 


OF  THE 


STATE  OF  VERMONT 


RELATING  TO 


DEPT.  of  EDUCATION 


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OlSCA.iD 

TBACKfcRS  ROOM 

m  ANtigL.ES  PUBLIC  LIBRA 


Published  by  authority,  1921 


GENERAL  LAWS  of  1918 

OF  THE 

STATE  OF  VERMONT 

RELATING  TO  THE 

Department  of  Education 
With  Amendments  to  1922 


Published  by  authority,  1921 


s 


^  TITLE  11. 

PUBLIC  INSTRUCTION. 

Part  I. — Administration. 
Part  II. — Teachers. 
Part  III. — Public  schools. 
Part  IV. — School  property  and  equipment. 
Part  V. — Financial  support  of  schools. 
Part  VI. — Incorporated  school  districts. 
Part  VII. — Normal  schools  (Repealed  1921). 
Part  VIII. — State  schools  of  agriculture. 
Part  IX. — Mentally  defective  persons. 


PART  I. 

ADMINISTRATION. 

Chapter  51. — State  board  of  education,  commissioner  of  educa- 
tion, superintendents  and  supervisors. 
Chapter  52. — Town  district  schools. 


CHAPTER  51. 

STATE  BOARD  OF  EDUCATION,  COMMISSIONER  OF 

EDUCATION,  SUPERINTENDENTS  AND 

SUPERVISORS. 

State  Board  of  Education. 

Sec.  1169.  How  and  when  appointed;  term  of  office; 
chairman.  The  state  board  of  education  shall  consist  of  five 
persons.  The  members  of  the  board  first  appointed  shall  hold 
office  until  the  thirty-first  day  of  January,  nineteen  hundred  and 
sixteen,  nineteen  hundred  and  seventeen,  nineteen  hundred  and 
eighteen,  nineteen  hundred  and  nineteen  and  nineteen  hundred 
and  twenty,  respectively.  The  governor  shall  annually,  on  or 
before  the  fifteenth  day  of  January,  appoint  one  member  of  said 
board  whose  term  of  office  shall  be  five  years.     The  governor 


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shall  annually,  on  or  before  the  first  day  of  February,  designate 
a  member  of  said  board  to  be  its  chairman  for  the  year  beginning 
February  first. 

Sec.  1170.  Removal  for  cause.  The  governor  may, 
after  notice  and  hearing,  remove  a  member  of  said  board  for  in- 
competency, failure  to  discharge  his  duties,  malfeasance,  im- 
morality or  other  cause  inimical  to  the  welfare  of  the  public 
schools;  and,  in  case  of  such  removal,  he  shall  appoint  a  person  to 
fill  the  unexpired  term. 

Sec.  1171.  Office;  meetings.  The  office  of  said  board 
shall  be  the  office  of  the  commissioner  of  education.  Said  board 
shall  annually  hold  at  least  four  regular  meetings  and  shall  hold 
special  meetings  as  required  for  the  performance  of  its  duties. 
The  times  and  places  for  regular  and  special  meetings  shall  be 
designated  by  the  chairman  of  said  board.  Said  chairman  shall 
call  a  special  meeting  upon  the  written  request  of  any  two 
members. 

Sec  1172.  General  powers  and  duties.  Said  board 
shall  have  supervision  and  management  of  the  public  educational 
system,  including  the  state  schools  of  agriculture  as  provided  in 
part  eight  of  this  title,  except  as  otherwise  provided;  and,  through 
the  commissioner  of  education,  shall: 

I.  See  that  the  laws  for  the  effective  operation  of  schools 
are  enforced; 

II.  Supervise  the  expenditure  of  all  state  money  expended 
under  the  provisions  of  parts  one  and  two  of  this  title,  and  inspect 
all  institutions  in  which  or  by  which  such  money  is  used,  and  pre- 
pare a  budget  for  such  expenditure; 

III.  Provide  a  method  whereby  the  people  may  be  informed 
as  to  the  educational  conditions  and  opportunities  within  the 
scope  of  public  instruction,  and  for  such  other  educational  pub- 
licity as  may,  in  the  judgment  of  said  board,  contribute  to  the 
enlightenment  and  well-being  of  the  citizens  of  the  state; 

IV.  Provide  for  all  proper  educational  gatherings,  institutes, 
summer  schools  and  other  like  supplementary  educational  ac- 
tivities and  for  co-operation  with  the  free  public  library  com- 
mission ; 

V.  Locate  and  establish  without  expense  to  the  state  a 
central  normal  school  or  school  of  education  whenever  suitable 
buildings,  or  adequate  funds  for  the  erection  of  the  same,  are 
provided  by  private  gift  or  bequest; 

VI.  Receive  and  use  money  from  private  persons  or  from 
educational  or  benevolent  funds  either  for  individuals,  local  in- 
stitutions or  for  schools  in  a  supervision  district  or  for  general 
educational  purposes,  provided  in  its  judgment  such  use  is  con- 
sistent with  the  best  interests  of  the  state;  and 


VII.  Make  and  promulgate  regulations  necessary  for  the 
execution  of  its  powers  and  duties  and  of  the  powers  and  duties 
of  all  officers  under  its  supervision  or  control. 

Sec.  1173.  Same.  Said  board  shall  employ  such  in- 
spectors, lecturers,  clerical  assistants,  and  other  officers  and  may 
publish  and  distribute  such  books  and  circulars  of  educational 
information,  as  it  deems  proper. 

Sec.  1174.  Reports;  contents.  Said  board  shall  bien- 
nially report  to  the  general  assembly,  stating  its  official  acts  for 
the  two  years  ending  on  the  thirtieth  day  of  June  next  preceding. 
Such  report  shall  show  in  detail  the  condition  and  progress  of  all 
educational  work,  the  expenditure  of  school  money  and  moneys 
appropriated  or  given  for  educational  purposes  within  its  super- 
vision and  control,  except  the  matter  required  to  be  reported  by 
said  board  under  the  provisions  of  chapter  seventy-two,  and 
shall  contain  such  recommendations  as  it  deems  proper. 

Commissioner  of  Education. 

Sec.  1 175.  Employment ;  qualifications ;  duties ;  term ; 
salary;  reports.  Said  board  shall  employ  a  trained  and  skillful 
executive  officer  who  shall  have  had  special  training  and  experience 
in  educational  work.  Such  person  shall  be  the  chief  execu- 
tive officer  of  said  board  and  its  secretary  and  shall  be  called  the 
commissioner  of  education.  Said  commissioner  shall  be  appointed 
for  an  indefinite  term  and  shall  be  subject  to  removal  upon  the 
majority  vote  of  the  entire  board,  and  said  board  shall  fix  his 
salary.  Said  commissioner  shall,  at  such  times  and  in  such  detail 
as  said  board  directs,  make  reports  to  said  board  concerning  the 
public  educational  system  together  with  such  recommendations 
as  he  deems  proper  for  the  promotion  of  the  educational  interests 
of  the  state. 

Superintendents. 

Sec.  1176.  Sec.  1.  Supervisory  districts;  superin- 
tendents; salaries.  The  State  Board  of  Education  shall  divide 
the  State  into  a  sufficient  number  of  supervisory  districts  to  insure 
a  reasonable  supervision  of  all  public  schools,  shall  fix  the  salaries 
of  superintendents  of  such  districts  which  shall  be  paid  by  the 
state,  and  may  remove  a  superintendent  whenever  in  the  judg- 
ment of  said  board  the  welfare  of  the  schools  require. 

Sec.  2.  Election  of  superintendents.  When  a  vacancy 
occurs  in  the  office  of  superintendent  of  a  supervisory  district 
the  commissioner  of  education  shall  forthwith  submit  to  one 
of  the  school  directors  of  the  towns  comprizing  such  district 
whom  he  shall  designate  as  chairman,  a  list  of  persons  qualified 
to  perform  the  duties  of  superintendent.  Said  commissioner 
shall  also  notify  each  school  director  of  the  towns  comprizing 


such  supervisory  district  to  meet  at  the  time  and  place  desig- 
nated by  him  for  the  purpose  of  electing  a  superintendent.  Said 
directors  shall  meet  at  the  appointed  time  and  place  and  elect  a 
superintendent  by  ballot  from  the  list  of  qualified  candidates 
submitted  by  the  commissioner  of  education.  A  majority  of 
those  present  and  voting  shall  be  necessary  for  a  choice.  The 
chairman  of  the  meeting  shall  report  the  results  of  the  election 
to  the  commissioner  of  education,  and  the  state  board  of  educa- 
tion shall  employ  as  superintendent  the  person  so  elected. 

Sec.  3.  Removal  of  superintendents.  When  two  or 
more  school  directors  in  a  supervisory  district  file  with  the  com- 
missioner of  education  a  complaint  that  the  superintendent  in 
their  district  is  failing  to  perform  properly  the  duties  of  his  office, 
or  is  otherwise  unsatisfactory,  the  commissioner  shall,  within  fif- 
teen days  from  the  receipt  of  such  notice  call  a  meeting  of  the 
school  directors  of  the  supervisory  district  in  the  same  manner 
as  provided  in  the  preceding  section.  At  such  meeting  the  direct- 
tors  shall  vote  on  the  following  question : 

"Shall  the  superintendent  now  in  office  be  retained?" 

If  a  majority  vote  in  the  negative,  the  chairman  shall  report 
the  result  of  the  vote  to  the  commissioner  of  education  and  the 
term  of  office  of  the  superintendent  shall  end  three  months  after 
date  of  such  vote;  provided,  however,  that  a  vote  on  the  removal 
of  a  superintendent  shall  not  be  taken  more  than  once  in  a  school 
year. 

Sec.  4.  Districts  having  twenty-five  or  more  schools. 
The  provisions  of  this  act  shall  not  apply  to  a  town  school  dis- 
trict .or  an  incorporated  school  district,  having  twenty-five  or 
more  legal  schools  therein,  unless  a  majority  of  the  board  of 
school  directors  of  such  a  district  so  vote  and  so  certify  to  the 
state  board  of  education. 

Reports. 

Sec.  1177.  How  and  when  made;  contents.  Said 
superintendents  shall  report  at  least  once  a  week  to  the  commis- 
sioner of  education,  on  blanks  to  be  furnished  by  said  commis- 
sioner, stating  what  schools  have  been  visited  during  the  week, 
the  number  of  hours  spent  in  each,  the  quality  and  kind  of  work 
being  done  by  the  teachers  in  such  schools  and  such  other  facts 
as  the  commissioner  may  require.  Said  superintendents  shall 
annually,  on  or  before  the  fifth  day  of  July,  submit  to  the  board  of 
school  directors  of  each  district,  a  report  of  his  services  within 
such  district,  with  information  as  to  the  condition  and  needs  of 
the  schools  therein  under  his  charge,  and  such  report  may  be 
printed  and  distributed  by  said  board. 

Sec.  1178.  Districts  having  twenty-five  or  more 
schools.  The  provisions  of  the  second  preceding  section  shall 
not  apply  to  a  town  school  district  or  an  incorporated  school 


district,  having  twenty-five  or  more  legal  schools  therein,  unless 
a  majority  of  the  board  of  school  directors  of  such  a  district  so 
vote  and  so  certify  to  the  state  bbard  of  education.  The  board 
of  school  directors  in  such  a  district,  not  so  voting,  unless  other- 
wise provided  by  the  act  of  incorporation  in  case  of  an  incor- 
porated school  district,  shall,  at  such  time  and  in  such  manner  as 
its  by-laws  provide,  appoint  a  superintendent  for  such  district 
who  shall  be  under  the  general  supervision  of  the  state  board  of 
education  and  have  the  same  powers  and  duties  as  superintendents 
appointed  by  said  board.  Said  board  of  school  directors  shall 
fix  the  tenure  of  office  of  such  a  superintendent,  have  the  power 
to  remove  him  for  cause,  determine  his  salary  which  shall  be  paid 
by  the  district  and  shall  certify  the  amount  of  such  salary  so  de- 
termined to  the  state  board  of  education,  but  such  annual  salary 
shall  not  be  less  than  fifteen  hundred  dollars.  The  state  shall 
pay  such  a  district  twelve  hundred  dollars  annually,  and  annually 
an  additional  sum  equal  to  half  of  the  excess  of  such  salary  over 
fifteen  hundred  dollars;  provided,  however,  that  the  state  shall 
in  no  case  pay  to  such  a  district  more  than  two  thousand  dollars 
annually.* 

Sec.  1179.  Superintendents'  meetings.  Said  board 
shall  provide  for  regional  or  state  meetings  of  superintendents. 
All  superintendents  shall  attend  such  meetings  and  shall  be  al- 
lowed their  necessary  expenses  which  shall  be  paid  by  the  state. 

Sec.  1180.  Regulations  as  to  certain  equipment.  The 
lanterns  and  slides  belonging  to  the  state  for  the  use  of  superin- 
tendents, shall  be  kept  in  the  state  house  when  not  in  use  and 
shall  be  in  charge  of  the  commissioner  of  education.  Said  com- 
missioner may  loan  the  same  to  superintendents  who  shall  re- 
ceipt therefor.  Expenses  incurred  in  obtaining  and  operating  a 
lantern  and  slides  shall  be  paid  by  the  district  in  which  such 
lantern  and  slides  are  used  and  such  expenses  shall  be  charged  to 
the  school  account.  Damage  or  loss  incurred  during  the  time 
such  a  lantern  and  slides  are  in  a  district  shall  be  paid  by  the  dis- 
trict on  presentation  by  said  commissioner  of  a  statement  of  such 
damage  or  loss.  Moneys  received  for  such  damage  or  loss  shall  be 
expended  by  said  commissioner  in  repairing  the  apparatus  and 
in  purchasing  new  equipment. 

State  Supervisors. 

Sec.  1181.  Employment;  compensation.  Said  com- 
missioner shall,  subject  to  the  approval  of  said  board,  employ 
such  number  of  trained  and  capable  state  supervisors  as  said 
board  may  authorize,  whose  compensation  shall  be  fixed  by  said 
board  and  paid  by  the  state. 

Sec.  1182.  Same;  duties.  Said  supervisors  shall  act 
under  the  direction  of  said  commissioner  and  in  such  sections  of 


♦See  Sec.  1176 


the  state  as  shall  be  designated  by  him,  but  their  work  shall  not 
be  restricted  to  any  particular  section  and  their  field  of  oversight 
shall  be  frequently  changed.  Said  supervisors  shall,  cooperating 
with  the  superintendent  and  supplementing  his  work,  spend  their 
time  in  the  schools  assisting  the  teachers  and  demonstrating 
proper  methods  of  instruction.  Said  supervisors  shall  perform 
such  other  duties  as  said  commissioner,  subject  to  the  approval 
of  said  board,  may  prescribe. 


CHAPTER  52. 
TOWN  DISTRICT  SCHOOLS. 

Establishment. 

Sec.  1183.  Definition.  A  town  shall  constitute  a  school 
district,  except  that  when  a  town  contains  an  incorporated  school 
district,  the  town  district  shall  consist  of  that  part  of  the  town  not 
embraced  within  such  incorporated  school  district. 

Sec.  1184.  Town  to  constitute  district;  town  clerk's 
duties;  school  property.  The  division  of  a  town  into  school 
districts  shall  no  longer  exist,  except  for  the  settlement  of  their 
pecuniary  affairs;  and  the  town  clerk,  in  case  the  offices  of  the 
clerk  and  prudential  committee  are  vacant  in  such  a  district 
whose  financial  affairs  are  not  settled,  may  warn  a  meeting  of  such 
district  as  a  resident  district  clerk;  and  said  clerk  or  one  of  the 
selectmen  of  the  town  shall  attend  such  meeting  and  preside 
over  the  same  until  a  moderator  is  elected;  but  all  debts  outstand- 
ing that  have  accrued  against  such  a  district  for  the  purchase  of 
lands,  the  erection  of  schoolhouses  and  repairs  thereon  shall  be 
audited  and  paid  by  the  town  school  district. 

Sec.  1185.  Meetings;  warnings  therefor.  At  town 
meetings,  the  town  district  school  officers  shall  be  elected  and 
other  matters  pertaining  to  the  schools  of  such  district  shall  be 
transacted.  When  a  town  contains  an  incorporated  school 
district,  the  meeting  of  the  town  school  district  shall  be  regularly 
held  at  such  time  and  place  as  may  be  determined  at  any  annual 
town  school  district  meeting  provided  that  the  warning  for  such 
meeting  shall  contain  an  article  in  substantially  the  following  form : 

"Shall  the  town  school  district  of 

hold  its  annual  meeting  at on ?" 

The  annual  meeting  of  such  town  school  district  shall  be 
held  at  the  time  and  place  determined  by  the  voters  of  the  town 
school  district.  Warnings  for  town  and  town  school  district 
meetings  shall  contain  appropriate  articles  notifying  the  legal 
voters  of  the  town  school  district  of  the  election  of  its  officers  and 
for  the  transaction  of  other  business  of  such  district. 

8 


Sec.  1186.  Qualifications  of  voters.  Only  the  legal 
voters  in  town  meeting  residing  in  a  town  district  and  whose 
taxes  due  such  district,  if  any  were  due,  were  paid  prior  to  the 
fifteenth  day  of  February  preceding  the  annual  town  meeting, 
shall  vote  in  town  meetings  for  the  officers  of,  and  upon  matters 
pertaining  to,  the  schools  of  such  district.* 

Sec.  1187.  Directors  elected  by  ballot,  when.  In  town 
districts  having  more  than  four  thousand  inhabitants,  the  school 
directors  shall  be  voted  for  upon  a  separate  ballot  deposited  in  a 
separate  ballot  box. 

Sec.  1188.  Women  may  vote  and  hold  offices.  A 
woman,  twenty-one  years  of  age,  whose  list  was  taken  in  a  town 
at  the  annual  assessment  preceding  the  town  meeting  and  whose 
taxes  due  such  town  and  the  town  school  district  were  paid  prior 
to  the  fifteenth  day  of  February  preceding  such  town  meeting, 
or  who  has  attained  the  age  of  twenty-one  years  subsequent  to 
the  last  annual  assessment,  or  who  being  taxable  is  exempt  from 
taxation  for  any  cause,  shall,  while  residing  in  the  town  district, 
have  the  right  to  vote  on  matters  pertaining  to  schools  and  school 
officers.  Women,  twenty-one  years  of  age,  shall  have  the  same 
right  as  men  to  hold  elective  and  appointive  school  offices. 

Directors. 

Sec.  1189.  Election  by  ballot;  term.  Each  town  dis- 
trict shall  have  a  board  of  school  directors  consisting  of  three 
citizens  of  the  town  district,  one  of  whom  shall  be  elected  by 
ballot,  at  each  annual  meeting  of  the  town  except  as  otherwise 
provided,!  and  whose  term  of  office  shall  be  for  three  years,  be- 
ginning the  first  day  of  July  following,  and  until  a  successor  is 
elected  and  qualified,  and  the  provisions  of  sections  three  thou- 
sand nine  hundred  and  thirty-nine  and  three  thousand  nine  hun- 
dred and  forty  shall  apply  to  such  directors. 

Sec.  1190.  Vacancies,  how  filled.  The  selectmen  may 
temporarily  fill  a  vacancy  in  the  board  of  school  directors  until 
an  election  is  had,  and  a  record  thereof  shall  be  made  in  the  town 
clerk's  office.  Vacancies  in  such  office  may  be  filled  at  special 
town  meetings  by  the  town  district  voters. 

Sec.  1191.  Oath;  chairman.  Said  directors  shall  be 
sworn,  and  shall  annually,  on  or  before  the  third  day  of  July,  elect 
one  of  their  number  chairman,  and  file  a  certificate  of  his  election 
for  record  in  the  town  clerk's  office  within  five  days. 

Sec.  1192.  General  duties.  The  board  of  school  direc- 
tors shall  have  care  of  the  school  property  of  the  town  district 
and  the  managemnt  of  its  school  and  keep  the  schoolhouses 
suitably  repaired  and  insured.  Said  board  shall,  subject  to  the 
provisions  of  this  title,  determine  the  number  and  location  of 
schools  and  may  relocate  or  consolidate  the  schools  as  the  interest 
of  convenience  and  efficiency  may  require;  but  in  the  exercise  of 


*See  Sees.  1188,  3916 
tSee  Sec.  1185 


9 


such  power,  strict  observance  of  the  constitutional  requirements 
as  to  competency  in  number  and  location  shall  be  observed.  Said 
board  shall  examine  claims  against  the  town  district  for  school 
expenses  and  draw  orders  for  such  as  shall  be  allowed  by  it,  pay- 
able to  the  party  entitled  thereto.  Such  orders  shall  state  defi- 
nitely the  purpose  for  which  they  are  drawn.  Said  board  shall 
make  regulations  not  inconsistent  with  law  as  to  carrying  the 
powers  granted  it  into  effect. 

Sec.  1193.  Compensation.  The  compensation  of  school 
directors  in  payment  for  services  rendered  in  the  performance 
of  their  duties,  which  shall  be  paid  by  orders  drawn  by  said  board, 
shall  be  such  sum  as  the  town  district  votes  at  its  annual  meeting. 

Sec.  1194.  Forfeiture  for  neglect.  If  a  board  of  school 
directors  causes  or  allows  a  payment  to  be  made,  not  authorized 
by  law,  each  member  thereof  so  causing  or  allowing  such  payment 
shall  be  liable  to  the  town  district  for  the  money  so  paid,  to  be 
recovered  in  an  action  of  tort,  on  this  statute. 

Sec.  1195.  Reports;  district  not  entitled  to  school 
moneys  unless  made.  Said  board  shall  annually,  on  or  before 
the  fifth  day  of  July,  prepare  its  report  to  the  town  district,  con- 
taining, on  forms  prescribed  and  furnished  by  the  state  board  of 
education,  a  classified  statement  under  oath  of  the  actual  cash 
expenditures  of  the  town  district  for  the  preceding  school  year  for 
school  purposes,  and  such  other  information  as  said  board  pre- 
scribes. Such  report  shall  be  prepared  in  duplicate  and  one  copy 
of  the  same  shall  be  returned  to  the  town  clerk  and  the  other  to 
said  board  of  education.  A  town  district  shall  not  be  entitled 
to  receive  any  portion  of  school  moneys  distributed  by  the  state 
unless  such  returns  are  made. 

Sec.  1196.  Same;  individual  accounts  audited;  pen- 
alty. On  or  before  the  first  day  of  February  annually  said  board 
shall  prepare  a  record  showing  the  number,  date,  to  whom  pay- 
able, for  what  and  the  amount  of  each  order  drawn  by  them, 
for  the  twelve  months  ending  on  the  last  day  of  January  preced- 
ing, a  classified  statement  of  its  expenditures  for  such  period,  a 
statement  showing  the  number  of  elementary  and  high  school 
pupils  respectively,  with  the  average  amount  expended  for  each 
such  pupil  and  the  cost  of  each  separate  school,  a  report  of  the 
conditions  and  needs  of  the  schools  and  a  recommendation  as  to 
the  amount  of  money  necessary  to  be  appropriated  for  the  use 
of  schools  for  the  following  school  year.  Said  board  shall  submit 
such  records,  statements,  report  and  recommendation  to  the 
town  auditors  and  said  auditors  shall  audit  the  accounts  of  said 
board  and  include  the  substance  of  such  record,  statements,  re- 
ports and  recommendations  in  their  report  to  the  town.  A 
director  who  neglects  or  refuses  to  have  his  own  account  as  di- 
rector or  the  account  of  said  board  audited  as  herein  provided, 
shall  not  receive  compensation  for  his  services,  and  his  office  shall 

10 


become  vacant  and  shall  be  filled  in  the  manner  prescribed  for 
the  filling  of  vacancies  occurring  in  such  office.  Such  a  director 
shall  be  ineligible  to  election  or  appointment  to  such  office  for 
one  year  next  ensuing. 

Clerk. 

Sec.  1197.  Appointment;  term.  Said  board  shall  ap- 
point a  clerk,  who  shall  serve  until  his  successor  is  appointed  and 
shall  be  paid  upon  the  order  of  said  board. 

Sec.  1198.  Absence  or  disability  of  clerk.  In  case  of 
the  absence,  disability  or  neglect  of  the  clerk,  his  duties  shall  be 
performed  by  said  board. 

Sec.  1199.  Duties  of  clerk.  Said  clerk  shall  keep  a  per- 
manent record  of  all  proceedings  of  said  board,  and  shall  make 
such  returns  as  the  state  board  of  education  may  require  and  on 
blank  forms  to  be  prescribed  by  said  board. 

Truant  Officers. 

Sec.    1200.      Appointment;     ex-officio    officers.      The 

board  of  school  directors  shall  annually  appoint  one  or  more 
truant  officers  and  report  such  appointments  to  the  town  clerk 
for  record  on  or  before  the  third  day  of  July.  The  sheriff,  de- 
puty sheriffs,  constables  and  police  officers  shall  also  be  truant 
officers  ex-officio. 

Sec.  1201.  Compensation  A  person  acting  as  a  truant 
officer  shall  receive  two  dollars  a  day  for  time  actually  spent  in  the 
performance  of  his  duties  and  shall  be  allowed  his  necessary  ex- 
penses incurred  in  connection  therewith,  unless  otherwise  pro- 
vided, and  the  same  shall  be  paid  by  the  town  district  on  orders 
drawn  by  said  board. 


11 


PART  II. 

TEACHERS. 

Chapter  53. — Examination  and  certification. 

Chapter  54. — Employment,  compensation  and  contract. 

Chapter  55. — Teacher  training. 

Chapter  56. — Pensions  and  teachers'  retirement  fund. 


CHAPTER  53. 
EXAMINATION  AND  CERTIFICATION. 

State  Board  of  Education. 

Sec.  1202.     General  regulations  prescribed   by.     The 

state  board  of  education  shall  provide  for  the  examination  and 
certification  of  teachers,  appoint  times  and  places  of  examination, 
designate  the  examiners,  fix  the  standard  required  for  certification, 
classify  the  grades  of  certificates  to  be  granted,  prepare  and  pro- 
cure the  printing  of  questions  for  such  examinations  and  blanks 
for  teachers'  certificates,  and  make  all  necessary  regulations  for 
such  examination  and  certification  and  for  the  revocation  of 
certificates,  and  all  expenses  connected  with  such  examination  and 
certification  shall  be  paid  by  the  state. 

Sec  1203.  Temporary  provision  as  to  term;  revoca- 
tion. Certificates  issued  under  the  law  in  force  March  thirty- 
first,  nineteen  hundred  and  fifteen,  shall  be  valid  for  the  period 
and  under  the  conditions  provided  by  such  laws,  but  the  state 
board  of  education  may  revoke  such  a  certificate  at  any  time. 

Sec.  1204.  Credentials  granted  by  another  state; 
reciprocal  provision.  Said  board  shall  make  regulations  relat- 
ing to  the  recognition  of  teachers'  certificates,  diplomas  and  edu- 
cational credentials  granted  in  any  other  state,  provided  such 
other  state  shall,  by  substantially  reciprocal  regulations  or  laws, 
recognize  such  certificates,  diplomas  and  educational  credentials 
issued  in  this  state. 

Certificates  Required. 

Sec.  1205.  Age  limit.  A  person  shall  not  teach  in  a  pub- 
lic school  without  having  a  certificate  then  in  force.  A  certificate 
shall  not  be  issued  to  a  person  under  seventeen  years  of  age. 

12 


CHAPTER  54. 
EMPLOYMENT,  COMPENSATION  AND  CONTRACT. 

Employment  and  Compensation. 

Sec.  1206.  Directors'  duties;  minimum  compensa- 
tion; approval  of  superintendent.  The  board  of  school 
directors  shall  employ  teachers  and  fix  their  compensation,  but 
in  no  case  shall  the  compensation  be  less  than  eight  dollars  per 
week.  A  teacher  shall  not  be  employed  without  the  approval  of 
the  superintendent  except  as  herein  provided.  The  school 
directors  in  cases  of  emergency  or  lack  of  legally  qualified  teachers 
may  grant  a  permit  to  a  person  to  teach  in  their  town  provided 
that  such  person  is  at  least  seventeen  years  of  age,  a  high  school 
graduate,  of  good  moral  character  and  passes,  with  a  grade  of 
at  least  seventy-five  per  cent,  an  examination  on  the  subjects 
to  be  taught  given  by  or  under  the  direction  of  the  directors,  con- 
firmed by  the  state  board  of  education.  The  directors  may  pay 
the  person  preparing  and  holding  the  examination  reasonable 
compensation  therefor.  A  permit  issued  by  the  school  directors 
under  the  provisions  of  this  section  shall  be  good  for  one  term  only 
but  may  be  renewed  from  term  to  term  in  the  discretion  of  the 
directors  but  in  no  case  to  exceed  three  terms. 

Sec.  1207.  Teachers' salaries;  payable  monthly.  Said 
board  shall  make  regulations  as  to  the  time  and  manner  of  the 
payment  of  teachers'  salaries,  including  the  amount  to  be  paid 
by  the  state;  but  a  teacher  shall  be  entitled  to  receive  monthly 
payment  of  salary,  if  such  payment  is  demanded,  notwithstand- 
ing any  provision  in  such  teacher's  contract. 

Sec  1208.  Reimbursement  by  state.  Town  districts 
employing  teachers  of  rural  schools,  who  are  qualified  as  shall  be 
prescribed  by  the  state  board  of  education,  and  paying  said 
teachers  such  salaries  in  excess  of  eight  dollars  per  week  as  said 
board  shall  designate,  shall  be  reimbursed  by  the  state  such  sums 
per  teacher  so  employed  as  said  board  shall  determine,  but  such 
reimbursement  per  teacher  shall  not  be  greater  than  the  differ- 
ence between  the  salary  paid  and  eight  dollars  per  week. 

Sec  1209.  Rural  schools ;  definition.  The  words  "rural 
schools"  as  used  in  the  preceding  section  shall  mean  any  elemen- 
tary school  having  not  more  than  two  teachers  and  offering  in- 
struction prescribed  for  the  rural  school  course. 

Contract. 

Sec.  1210.  Requisites  and  contents.  A  contract  be- 
tween a  board  of  school  directors  and  a  teacher  shall  not  be  valid 
unless  the  same  is  in  writing,  or  partly  written  and  partly  printed, 

13 


in  triplicate,  and  signed  by  the  chairman  of  said  board  and  by 
the  teacher.  One  copy  thereof  shall  be  filed  with  said  board,  one 
cipy  with  the  teacher  and  one  copy  with  the  superintendent. 
Such  contract  shall  specify  the  date  when  the  teacher  shall  begin 
service,  the  time,  grade  and  date  of  expiration  of  the  certificate 
held  by  the  teacher,  the  salary  of  the  teacher  and  such  other  mat- 
ter as  may  be  necessary  for  a  complete  understanding  between 
the  parties. 

Sec.  1211.  Noncompliance  with  contract;  penalty; 
dismissal;  pro  rata  payment.  A  teacher,  under  contract  to 
teach  in  a  public  school,  who,  without  just  cause,  fails  to  com- 
plete the  term  for  which  said  teacher  contracted  to  teach,  shall  be 
disqualified  to  teach  in  any  public  school  for  the  remainder  of 
the  school  year.  A  superintendent  may  dismiss  a  teacher  who, 
in  his  judgment,  is  incompetent  or  unfit  for  the  position.  Such 
dismissal  shall  be  in  writing  and  one  copy  shall  be  given  to  the 
teacher  and  one  to  the  chairman  of  the  board  of  school  directors; 
and  thereupon  such  teacher's  contract  shall  be  void,  but  he  shall 
be  paid  pro  rata  to  the  time  of  his  dismissal. 

Time  Allowed  Teachers. 

Sec.  1212.  For  what  purpose.  The  time,  not  exceeding 
five  days  during  any  one  year,  actually  spent  by  a  teacher  in  at- 
tendance upon  a  meeting  of  the  state  teachers'  association,  or 
upon  educational  meetings  held  under  the  authority  of  the  state 
board  of  education,  and  the  time  actually  spent  by  a  teacher  in 
visiting  schools  when  so  directed  by  the  superintendent,  shall,  in 
determining  the  compensation  of  the  teacher  and  the  number  of 
weeks  of  school,  be  counted  the  same  as  if  spent  in  teaching. 

Sec.  1213.  Legal  holidays;  dismissal  by  permission 
of  superintendent.  A  teacher  in  a  public  school  shall  not  be 
required  to  teach  on  a  legal  holiday,  and  the  superintendent  may 
give  written  permission  to  a  teacher  to  dismiss  school  for  not 
more  than  two  days  whenever  such  dismissal  seems  to  said  super- 
intendent necessary  or  proper.  Such  clays  shall,  in  determining 
the  compensation  of  the  teacher  and  the  number  of  weeks  of 
school,  be  counted  the  same  as  if  spent  in  teaching. 

No.  1,  Acts  of  1921.     Legal  Holidays. 

(Section  35  of  General  Laws  Amended.) 

Sec.  35.  The  first  clay  of  January,  the  twenty-second  day 
of  February,  the  thirtieth  day  of  May,  the  fourth  day  of  July, 
the  sixteenth  day  of  August,  the  first  Monday  in  September,  the 
twelfth  day  of  October,  the  eleventh  day  of  November,  the  twenty 
fifth  day  of  December,  and  a  day  appointed  or  set  apart  by  the 
governor  or  by  the  president  of  the  United  States  as  a  day  of 

14 


thanksgiving,  prayer  or  other  special  observance,  shall  be  legal 
holidays.  The  sixteenth  day  of  August  shall  be  known  as 
"Bennington  Battle  day",  the  first  Monday  in  September  as 
"Labor  day",  the  twelfth  day  of  October  as  "Columbus  day" 
and  the  eleventh  day  of  November  as  "Armistice  day". 


CHAPTER  55. 
TEACHER  TRAINING. 

Duties  of  the  State  Board  of  Education. 

Sec.  1214.  For  the  purpose  of  training  teachers  for  the 
public  elementary  schools,  including  both  rural  and  graded 
schools,  the  state  board  of  education  in  its  discretion  may  es- 
tablish not  more  than  five  nor  less  than  three  two  year  teacher 
training  courses,  and  also  may  establish  in  connection  with  high 
schools,  seminaries  and  academies  one  year  teacher  training 
courses.  Said  board  may  arrange  for  such  practice  departments 
in  connection  with  the  courses  established  by  this  act  as  may  be 
necessary,  and  may,  except  as  otherwise  provided,  increase  or 
decrease  the  number  of  such  one  or  two  year  teacher  training 
courses  whenever  the  interests  of  teacher  training  so  require. 
The  qualifications  for  admission  to  a  one  year  teacher  training 
course  provided  for  by  this  act  shall  be  fixed  by  said  board,  and 
shall  be  the  same  for  all  pupils  who  are  enrolled  in  such  a  one 
year  teacher  training  course. 

Sec.  1215.  Said  board  shall  prepare  the  courses  of  study 
to  be  given  in  such  training  courses,  make  rules  governing  ad- 
mission thereto,  prescribe  the  standards  requisite  for  graduation 
therefrom  and  provide  as  to  the  effect  to  be  given  to  such  gradua- 
tion as  a  basis  for  certificates  to  teach  in  the  public  schools;  pro- 
vided, however,  that  the  qualifications  for  admission  to  a  one 
year  teacher  training  course  provided  for  by  this  act  shall  be  fixed 
by  said  board,  and  shall  be  the  same  for  all  pupils  who  are  enrolled 
in  such  a  one  year  teacher  training  course. 

Sec.  3.  Section  1216  of  the  General  Laws  is  hereby  amended 
so  as  to  read  as  follows : 

Sec.  1216.  A  person  desiring  instruction  in  such  teacher 
training  course  shall,  if  qualified  for  admission,  be  furnished  such 
instruction  without  payment  of  tuition,  providing  such  person 
declares  in  writing  to  the  state  board  of  education  an  intention 
to  complete  such  course  and  makes  an  agreement  to  teach  in  the 
public  schools  of  this  state  for  a  subsequent  period  equal  to  the 
duration  of  such  course  of  study;  and  said  board  shall  make 
regulations  relating  to  the,  designation  of  the  particular  course  to 
which  said  person  shall  be  admitted. 

15 


Sec.  4.  The  state  board  of  education  is  hereby  authorized 
to  contract  or  arrange  with  local  school  boards  or  trustees  for  the 
use  of  facilities  by  such  teacher  training  courses,  not  to  exceed 
in  expenditure  in  any  case  the  actual  additional  annual  cost  in- 
curred therefor  by  said  school  boards  or  trustees;  or  said  state 
board  may  provide  such  facilities,  if  the  interests  of  the  state  can 
be  better  served  thereby. 

Sec.  5.  A  person  who  has  satisfactorily  completed  a  one 
year  teacher  training  course  provided  for  by  this  act  shall  be 
entitled  to  a  probationary  certificate  qualifying  the  holder  for 
appointment  to  teach  in  the  elementary  schools  for  one  year  only, 
and  such  certificate  may  be  renewable  annually  at  the  discretion 
of  the  board. 

Sec.  6.  Whenever  a  teacher  in  the  elementary  schools  or  a 
candidate  for  teaching  in  such  schools,  applies  in  writing  to  the 
state  board  of  education  for  more  advanced  training  than  is  fur- 
nished by  the  teacher  training  courses,  and  satisfies  said  board 
of  his  or  her  worthiness  for  such  advanced  training,  said  board 
shall  arrange  for  such  training  at  any  institution  of  higher  learn- 
ing within  this  state  chosen  by  the  student  as  it  may  deem  proper; 
and  said  board  is  hereby  authorized  to  contract  or  arrange  with 
any  such  institution  for  the  payment  of  tuition  of  such  student,  or 
the  establishment  of  special  courses  for  such  advanced  training, 
in  such  manner  as  shall  best  serve  the  interests  of  the  state; 
providing,  however,  that  not  more  than  one-fifth  of  all  money 
expended  for  teacher  training  annually  shall  be  devoted  to  such 
advanced  training. 

Sec.  1217.  Teachers;  compensation.  Said  board  shall 
employ  the  teachers  for  such  training  courses  and  fix  their 
compensation  which  shall  be  paid  by  the  state. 


CHAPTER  56. 

PENSIONS  AND  TEACHERS'  RETIREMENT  FUND. 

Pensions. 

Sec.  1218.  District  may  pension  teacher;  payable 
from  school  funds  of  district.  On  the  recommendation  of 
the  board  of  school  directors,  a  town  district  may,  at  its  annual 
meeting  or  at  a  special  meeting  called  for  that  purpose,  vote  to 
pension  a  teacher  who  has  taught  in  the  public  schools  for  at  least 
thirty  years.  Such  pension  shall  be  paid  from  the  funds  raised 
by  such  district  for  school  purposes. 

Sec.  1219.  Same;  limitation.  A  pension  voted  under 
the  provisions  of  the  preceding  section  shall  not  exceed  half  of 
the  average  annual  salary  received  by  such  teacher  during  his 
last  five  years  of  service. 

16 


Vermont  Teachers'  Retirement  System. 

Xo.  57,  Acts  of  1919,  (Replacing  Sections  1220-1231). 
Section  1.     Definitions.     The  following  words  and  phrases 
as  used  in  this  act  shall  have  the  following  meanings : 

(1)  "Teacher"  shall  mean  any  teacher,  principal,  supervisor 
or  superintendent  employed  in  a  public  day  school  within  the 
state,  or  in  any  normal  school,  teacher  training  institution  or 
school  conducted  under  the  director  of  institutions  located  within 
the  state  and  controlled  and  supported  wholly  by  the  state. 

(2)  "Public  school"  shall  mean  any  day  school  conducted 
within  the  state  under  the  authority  and  supervision  of  a  duly 
elected  board  of  school  directors. 

(3)  "Year"  as  used  in  this  act  referring  to  the  term  for 
school  service  of  a  teacher  shall  mean  the  same  as  "school  year", 
as  defined  in  the  General  Laws  of  the  state  at  the  time  when  the 
school  service  in  question  was  rendered,  provided,  however,  that 
the  retirement  board  may  in  special  cases  determine  what  school 
service  shall  constitute  the  equivalent  of  a  specified  period  of 
service  under  this  act. 

(4)  "Interest,"  unless  herein  otherwise  provided,  shall 
mean  compound  interest  at  such  rate  as  shall  be  determined  by 
the  retirement  board. 

(5)  Wherever  the  word  "he"  appears  it  shall  be  taken 
to  apply  to  females  as  well  as  males. 

Sec.  2.  Teachers'  retirement  system.  The  Vermont 
teachers'  retirement  system,  hereinafter  called  the  retirement 
system,  is  hereby  established,  to  become  effective  on  July  first, 
nineteen  hundred  and  nineteen. 

Sec.  3.  Teachers'  retirement  association.  An  asso- 
ciation to  be  known  as  the  Vermont  teachers'  retirement  asso- 
ciation, hereinafter  called  the  retirement  association,  may  be 
organized  by  and  among  the  teachers  in  the  public  schools  of  the 
state.  Membership  in  said  association  may  be  acquired  under 
the  following  conditions: 

All  teachers  who  shall  serve  in  the  public  schools  on  or 
after  July  first,  nineteen  hundred  and  nineteen,  may  become 
members  of  the  association,  upon  application  to  and  approval 
by  a  majority  of  the  retirement  board  and  under  such  rules  and 
regulations  as  it  may  prescribe. 

Sec.  4.  Organization.  The  teachers  who  desire  to  be- 
come members  of  the  retirement  association  shall,  as  soon  as  may 
be  after  July  first,  nineteen  hundred  and  nineteen,  adopt  such 
form  of  organization  for  said  association  as  shall  be  prescribed  by 
the  commissioner  of  education,  the  state  treasurer  and  the  insur- 
ance commissioner;  and  thereafter  such  organization  shall  be 
maintained  for  the  purposes  herein  contemplated,  with  such  modi- 
fications thereof  as  may  be  adopted  from  time  to  time  by  the  mem- 
bers of  the  association  with  the  approval  of  the  retirement  board. 

17 


Sec.  5.  Teachers'  retirement  board.  The  administra- 
tion of  the  retirement  system  hereby  established  is  hereby  vested 
in  a  board  to  be  known  as  the  teachers'  retirement  board,  herein 
called  the  retirement  board,  consisting  of  five  members,  as  follows: 
The  commissioner  of  education,  the  state  treasurer,  the  insurance 
commissioner  and  two  members  of  the  retirement  association. 
Upon  the  organization  of  said  association  the  members  thereof 
shall  elect  from  among  their  number,  in  a  manner  to  be  approved 
by  the  commissioner  of  education,  the  state  treasurer  and  the 
insurance  commissioner,  two  persons  to  serve  upon  the  retirement 
bord,  one  member  to  serve  for  one  year  and  one  for  two  years; 
and  thereafter  the  members  of  the  retirement  association  shall 
elect  annually  from  among  their  number,  in  a  manner  to  be  ap- 
proved by  the  retirement  board,  one  person  to  serve  on  said 
board  for  the  term  of  two  years. 

Until  the  organization  of  the  retirement  association  and  the 
election  of  two  representatives  therefrom  to  membership  on  the 
retirement  board,  the  commissioner  of  education,  the  state 
treasurer  and  the  insurance  commissioner  shall  be  empowered 
to  perform  all  the  duties  of  said  board. 

When  a  vacancy  occurs  in  the  retirement  board  by  reason  of 
the  death,  resignation  or  inability  to  serve  of  one  of  the  members 
chosen  by  the  retirement  association,  such  vacancy  shall  be  filled 
by  the  retirement  board,  who  shall  appoint  a  member  of  said  re- 
tirement association  to  serve  until  the  next  meeting  of  said  re- 
tirement association  duly  called  for  the  purpose  of  electing  a  new 
member  for  the  unexpired  term. 

The  members  of  the  retirement  board  shall  serve  without 
compensation,  but  they  shall  be  reimbursed  for  all  necessary 
expenses  which  they  may  sustain  through  their  service  on  the 
board.  All  claims  for  such  reimbursement  shall  be  subject  to 
the  approval  of  the  auditor  of  accounts. 

Sec.  6.  General  duties.  The  retirement  board  shall  pro- 
vide for  the  payment  of  retirement  allowances  and  such  other 
expenditures  as  are  prescribed  by  this  act,  and  shall  perform  such 
other  functions  as  are  required  for  the  execution  of  the  provisions 
hereof;  and  to  that  end  said  board  shall  make  by-laws  and  regula- 
tions not  inconsistent  with  the  provisions  of  this  act,  shall  em- 
ploy a  secretary,  whose  duty  it  shall  be  to  keep  a  record  of  all  its 
proceedings,  and  shall  provide  such  other  clerical  assistance  as 
may  be  necessary  for  the  discharge  of  the  duties  prescribed 
hereunder. 

Sec.  7.  Administrative  duties.  The  retirement  board 
shall  adopt  mortality  tables  for  the  retirement  system  hereby 
created,  and,  except  as  herein  otherwise  provided,  shall  determine 
what  rates  of  interest  shall  be  established  in  connection  with 
such  tables  or  otherwise  under  the  provisions  hereof.  Said 
board  may  modify  such  mortality  tables  or  adopt  others,  and 

18 


may  change  rates  of  interest  once  established,  unless  otherwise 
provided  herein,  but  not  so  as  to  impair  the  vested  rights  here- 
under of  any  member  of  the  retirement  association,  unless  such 
modifications  or  changes  shall  be  assented  to  by  such  member. 
Said  board  shall  establish  and  maintain,  under  competent  ac- 
tuarial advice,  a  complete  system  of  records  and  accounting. 

Sec.  8.  Creation  of  annuity  fund.  The  annuities  here- 
inafter provided  shall  be  paid  out  of  a  fund  to  be  known  as  the 
annuity  fund,  which  shall  be  constituted  as  follows: 

(1)  Each  member  of  the  retirement  association  shall  pay 
into  the  annuity  fund,  under  regulations  to  be  prescribed  by 
the  retirement  board,  such  percentage  of  his  salary  as  may  be 
determined  by  said  board  within  the  limits  hereinafter  prescribed. 
The  rate  of  assessment  for  each  school  year,  which  shall  not  be 
more  than  five  per  cent  of  each  member's  salary,  shall  be  estab- 
lished by  the  retirement  board  on  or  before  the  1st  day  of  April 
in  each  year,  and  notice  thereof  shall  be  given  all  members  of 
the  retirement  association  in  such  manner  as  the  retirement 
board  shall  prescribe.  Such  rate  of  assessment  shall  be  uniform, 
at  any  given  time,  for  all  members  of  the  retirement  association; 
provided,  however,  that  no  member  shall  in  any  one  year  pay 
into  said  fund  less  than  sixteen  dollars  nor  more  than  one  hun- 
dred dollars. 

(2)  Any  member  of  the  retirement  association,  who  for 
thirty  years  shall  have  paid  into  said  fund  his  regular  assessments, 
as  above  provided,  shall  be  exempt  from  further  assessments; 
but  such  member  may  thereafter,  if  he  so  elects,  continue  to  pay 
his  assessments  into  said  fund. 

(3)  The  annuity  fund  shall  also  consist  of  such  amounts 
as  may  be  appropriated  from  time  to  time  by  the  general  as- 
sembly on  estimates  submitted  by  the  retirement  board,  subject 
to  approval  by  the  board  of  control,  as  hereinafter  provided. 
Such  estimates  shall  provide  for  an  appropriation  sufficient 
to  enable  the  board  to  credit  annually  to  each  member  of  the 
retirement  association  a  sum  equal  to  his  contribution  to  the 
annuity  fund  and  the  additional  allowance  provided  in  section 
thirteen  of  this  act.  Provided,  however,  that  the  state  shall  not 
be  called  upon  to  pay  into  said  annuity  fund  more  than  one  hun- 
dred dollars  in  any  year  on  account  of  the  contribution  of  any 
one  member  of  said  retirement  association.  Such  amount  of 
the  annual  appropriation  as  is  not  required  for  contributions  to 
the  accounts  of  individual  members  as  provided  in  this  section 
shall  be  paid  into  the  annuity  fund.  The  total  amount  appropri- 
ated by  the  state  in  any  one  year  to  carry  out  the  provisions  of 
this  act  shall  not  exceed  the  sum  of  twenty-five  thousand  dollars. 

Sec.  9.  Contributions;  how  credited.  The  contribu- 
tions made  by  the  members  of  the  retirement  association  to  the 
annuity  fund  hereinbefore  created,  shall  be  credited  as  made  to 

19 


such  members  severally  in  individual  accounts  up  to  the  time  of 
retirement,  and  at  the  same  time  each  member  so  contributing 
.shall  be  credited  individually  with  a  like  amount  as  the  contribu- 
tion of  the  state.  Contributing  members  shall  also  be  credited 
with  the  interest  earned  by  their  several  contributions  and  by 
the  equal  contributions  made  by  the  state  as  aforesaid. 

Sec.  10.  Retirement.  Any  member  of  the  retirement 
association,  who  shall  have  served  as  a  public  school  teacher  for 
a  period  of  thirty  years,  of  which  twenty  years,  and  the  last  five 
preceding  retirement,  shall  have  been  in  this  state,  may  retire 
from  service,  in  the  public  schools  on  or  after  attaining  the  age 
of  sixty  years,  if  a  woman,  and  of  sixty-five  years,  if  a  man,  with- 
out forfeiting  any  of  the  benefits  of  the  retirement  system;  and 
at  any  time  thereafter,  if  incapable  of  rendering  satisfactory 
service,  such  member  may  be  so  retired,  with  the  approval  of 
the  retirement  board. 

Sec.  11.  Reinstatement  of  member.  Any  member  of 
the  retirement  association,  who  shall  have  withdrawn  from 
service  in  the  public  schools  of  the  state,  shall,  on  being  reem- 
ployed therein,  be  reinstated  in  the  retirement  association  upon 
such  terms  and  conditions  as  shall  be  prescribed  by  the  retire- 
ment board. 

Sec.  12.  Retirement  allowances.  Except  as  hereinafter 
provided,  a  member  of  the  retirement  association,  who  shall 
have  retired  from  service  in  the  public  schools  of  the  state,  and 
who  shall  have  complied  with  all  the  provisions  of  this  act  and 
with  the  rules  and  regulations  of  the  retirement  board  hereby 
authorized,  shall  be  entitled  to  receive  from  the  annuity  fund 
hereinbefore  established,  (1)  such  annuity  as  his  contributions 
to  said  fund,  with  interest  thereon,  together  with  the  like  contri- 
butions made  thereto  by  the  state,  and  the  interest  thereon,  will 
purchase  on  the  basis  of  McClintock's  table  of  mortality  among 
annuitants,  and  an  interest  rate  of  three  and  a  half  per  cent  per 
annum;  or,  (2)  at  his  option,  he  shall  be  entitled  to  receive  an 
annuity  of  less  amount,  as  may  be  determined  by  the  retirement 
board  for  annuitants  electing  such  option,  with  the  provision 
that  if  the  annuitant  dies  before  receiving  payments  equal  to 
the  sum  of  his  assessments  hereunder  and  the  contributions  equal 
thereto  made  by  the  state,  as  hereinbefore  provided,  with  inter- 
est, the  difference  between  the  total  amount  of  said  payments 
and  the  total  amount  of  such  assessments  and  contributions,  with 
interest,  shall  be  paid  as  an  annuity  to  a  surviving  husband,  or 
wife,  as  the  case  may  be,  or  to  his  or  her  legal  representatives  as 
such  member  may  elect,  subject  to  such  reasonable  rules  and 
regulations  as  the  retirement  board  may  prescribe. 

Sec.  13.  Teachers  already  in  service.  Any  teacher  al- 
ready in  the  service  of  the  state  when  this  act  takes  effect,  who 

20 


shall  become  a  member  of  the  retirement  association  when  forty- 
five  years  of  age  or  older,  shall  on  retiring  as  hereinbefore  pro- 
vided, be  entitled  to  receive  the  allowance  prescribed  in  the  pre- 
ceding section  for  members  entering  the  service  of  the  state  as 
teachers  after  the  passage  of  this  act,  and  such  additional  allow- 
ance from  the  state  as  may  be  determined  by  the  retirement 
board,  the  same  to  be  paid  as  provided  in  the  preceding  section; 
but  his  total  annuity  hereunder  shall  not  exceed  one-half  his 
average  annual  salary  throughout  his  entire  period  of  active  ser- 
vice in  the  state. 

Sec.  14.  Allowance  in  case  of  death  or  disability.  A 
member  of  the  retirement  association,  who  shall  have  been  a 
teacher  in  the  public  schools  of  the  state  at  least  six  years,  and 
who  shall  become  totally  and  permanently  disabled  to  teach,  as 
determined  upon  examination  by  physicians  approved  by  the 
retirement  board,  shall  receive  an  annuity  based  upon  the  accu- 
mulated sum  of  his  contributions  and  the  equal  contributions  of 
the  state,  with  interest,  calculated  on  the  basis  of  McClintock's 
table  of  mortality  among  annuitants  and  three  and  a  half  per 
cent  interest,  with  such  additional  annual  allowance  from  the 
state  as  the  retirement  board,  in  the  exercise  of  sound  discretion, 
shall  deem  equitable,  the  same  being  limited  by  his  earning  capac- 
ity in  other  occupations,  such  additional  allowance  to  be  con- 
tinued so  long,  and  in  such  amount,  as  the  retirement  board  may 
determine;  provided,  however,  that  in  no  event  shall  the  total 
sum  received  annually  by  such  member,  under  this  section,  in- 
cluding his  annuity  and  the  additional  allowance  above  provided 
for,  exceed  half  of  his  average  annual  salary  through  out  his  entire 
period  of  service  as  determined  by  the  retirement  board. 

If  such  retiring  member  should  die  before  receiving  in  the 
form  of  an  annuity  all  of  the  accumulations  up  to  the  time  of  his 
disability  from  his  own  and  the  state's  annual  contributions  on 
his  account,  the  balance  shall  be  paid  to  his  or  her  legal  represen- 
tatives, as  he  or  she  may  elect,  subject  to  such  rules  and  regula- 
tions as  may  be  prescribed  by  the  retirement  board. 

Sec.  15.    Allowance  in  case  of  resignation  or  dismissal. 

(1)  Any  member  of  the  retirement  association  withdrawing 
from  service  in  the  public  schools  of  the  state,  by  resignation  or 
dismissal,  before  becoming  eligible  to  retirement  under  the  pro- 
visions of  this  act,  and  who  shall  have  been  a  member  of  the  asso- 
ciation less  than  six  years,  shall  be  entitled  to  receive  from  the 
annuity  fund  all  amounts  contributed  thereto  by  said  member  as 
assessments  with  interest  at  four  per  cent  compounded  semi- 
annually on  January  first  and  July  first,  but  if  at  the  time  of  such 
withdrawal  such  member  shall  have  been  a  member  of  the  asso- 
ciation for  six  years  or  more,  he  shall  be  entitled  to  receive  from 
the  annuity  fund  all  amounts  contributed  thereto  by  him  as  as- 
sessments without  interest,  and  in  addition  the  contributions 

21 


made  by  the  state  on  his  account,  as  hereinbefore  provided,  with- 
out interest. 

(2)  In  case  of  the  death  of  such  member  under  the  circum- 
stances above  set  forth,  the  several  amounts  to  which  he  would 
be  entitled,  if  living,  shall  be  paid  to  a  surviving  husband  or 
wife,  or  to  the  legal  representatives  of  such  deceased  member, 
as  may  be  elected,  subject  to  the  rules  and  regulations  of  the  re- 
tirement board. 

(3)  In  the  case  of  the  death  or  withdrawal  from  service  of 
such  member  before  the  completion  of  six  years  of  service  in 
the  public  schools  of  the  state  the  contributions  made  by  the 
state  on  his  account,  as  hereinbefore  provided,  shall  be  placed 
in  the  reserve  fund  hereinafter  established,  for  the  general  pur- 
poses of  the  retirement  system. 

(4)  Contributions  returned  as  above  provided  shall  be 
paid  in  lump  sums  or  in  installments  as  the  member  may  elect, 
subject,  however,  to  such  reasonable  rules  and  regulations  as 
may  be  prescribed  by  the  retirement  board. 

Sec.  16.  Exemptions.  That  portion  of  the  salary  or 
wages  of  a  member  deducted  or  to  be  deducted  under  this  act, 
the  right  of  a  member  to  an  annuity  or  allowance  hereunder,  and 
all  his  rights  in  the  funds  of  the  retirement  system,  shall  be  exempt 
from  taxation,  and  from  the  operation  of  any  laws  relating  to 
bankruptcy  or  insolvency,  and  shall  not  be  attached  or  taken 
upon  execution  or  other  process  of  any  court.  No  assignment 
by  a  member  of  any  part  of  such  funds  to  which  he  is  or  may  be 
entitled,  or  of  any  right  to  or  interest  in  such  funds,  shall  be  valid. 

Sec.  17.  Administration  of  funds.  (1)  All  funds  of 
the  retirement  system  shall  be  in  the  custody  and  charge  of  the 
state  treasurer,  who  shall,  with  the  approval  of  the  retirement 
board,  invest  and  reinvest  such  funds  as  are  not  required  for 
current  disbursements  in  accordance  with  the  laws  of  the  state 
governing  the  investment  of  the  assets  of  savings  institutions. 

(2)  The  state  treasurer  shall  make  such  payments  to  the 
members  of  the  retirement  association  from  the  annuity  fund  as 
the  retirement  board  shall  order  to  be  paid  in  accordance  with  the 
provisions  hereof. 

(3)  On  or  before  the  first  day  of  August  in  each  year,  the 
state  treasurer  shall  file  with  the  insurance  commissioner  and 
with  the  secretary  of  the  retirement  board  a  sworn  statement 
exhibiting  the  financial  condition  of  the  retirement  system  on  the 
thirtieth  day  of  June  in  each  year,  and  its  financial  transactions 
for  the  year  ending  on  such  date.  Such  statement  shall  be  in 
the  form  prescribed  by  the  retirement  board,  and  shall  be  pub- 
lished with  the  report  of  the  state  treasurer. 

Sec.  18.  Reserve  fund.  A  reserve  fund  is  hereby  created, 
to  consist  of  gifts  and  receipts  from  sources  other  than  those  here- 

22 


in  specified,  returns  to  the  state  of  its  contributions  to  the  annuity- 
fund  as  hereinbefore  provided,  and  balances  that  may  accrue 
on  account  of  interest,  savings  or  otherwise,  which  fund  shall  be 
maintained  and  used,  in  the  discretion  of  the  retirement  board, 
for  unforseen  contingencies,  expenses  of  administration,  or  any 
other  purpose  within  the  scope  of  the  retirement  system. 

Sec.  19.  Accrued  liabilities  fund.  An  accrued  liabili- 
ties fund  is  hereby  created,  to  consist  of  the  Vermont  state 
teachers'  retirement  fund,  now  in  the  custody  of  the  state  treas- 
urer under  the  provisions  of  sections  1220  to  1231,  inclusive,  of 
the  General  Laws,  of  such  part  of  the  reserve  fund  as  the  retire- 
ment board  may  from  time  to  time  transfer  thereto,  and  of  such 
other  funds  as  may  be  received  by  the  retirement  board  for  the 
purposes  contemplated  in  this  section.  Provided,  however,  that 
said  Vermont  teachers'  retirement  fund  shall  not  become  part  of 
the  funds  of  the  retirement  system  as  contemplated  in  this  sec- 
tion except  upon  a  vote  to  that  effect  of  the  Vermont  state  teach- 
ers' retirement  fund  association,  duly  certified  to  the  retirement 
board  by  the  president  of  said  association.  The  accrued  liabili- 
ties fund  shall  be  drawn  upon  from  time  to  time  by  the  retire- 
ment board  as  needed  to  make  up  the  contributions  of  the  state 
to  the  retiring  and  disability  allowances  provided  hereunder. 
Said  fund  shall  be  in  all  respects  subject  to  the  provisions  of  this 
act,  and  to  the  rules  and  regulations  of  the  retirement  board 
hereby  authorized  in  respect  to  custody,  investment,  audit  and 
disbursement. 

Sec.  20.  Supervision  of  retirement  system.  The  re- 
tirement board  shall  cause  the  system  hereby  established  to  be 
thoroughly  examined  by  a  competent  actuary  or  actuaries,  once 
in  every  three  years,  and  oftener  if  deemed  necessary,  and  may 
call  an  actuary  in  consultation  at  any  time;  and  such  board  is 
hereby  empowered  to  change  the  scale  of  contributions  required 
of  teachers,  if  deemed  advisable  as  the  result  of  actuarial  ex- 
perience hereunder;  but  such  changes  shall  not  be  effective  as  to 
teachers  becoming  members  of  the  retirement  association  before  the 
same  shall  have  been  made,  unless  assented  to  by  such  members. 

Sec.  21.  Audit  of  accounts.  The  accounts  of  the  re- 
tirement board  and  the  books  and  accounts  of  the  state  treasurer 
as  custodian  of  the  funds  of  the  retirement  system,  and  the  cash 
and  securities  in  his  hands  representing  such  funds,  shall  be  ex- 
amined and  audited  annually  at  the  time  and  in  the  manner  pre- 
scribed for  the  annual  audit  of  the  accounts  of  the  trustees  of 
the  permanent  school  fund  and  the  accounts  of  the  state  treasurer 
in  connection  therewith. 

Sec.  22.  Appropriation.  The  sum  of  twenty-five  thou- 
sand dollars  per  annum  is  hereby  appropriated  to  carry  out  the 
provisions  of  this  act  for  the  biennial  period  beginning  July  1, 1921. 

23 


Sec.  23.  Changes  in  rules  and  regulations.  The  rules 
and  regulations  hereby  prescribed  for  the  administration  of  the 
retirement  system  hereby  created,  shall  be  subject  to  change 
by  the  retirement  board  whenever  deemed  to  be  for  the  best  in- 
terests of  the  entire  body  of  teachers  in  the  service  of  the  state. 
The  benefits  of  the  retirement  system  shall  be  enjoyed  by  each 
member  of  the  retirement  association  so  long  as  he  meets  all  the 
requirements  of  this  act  and  complies  with  all  the  rules  and  regu- 
lations of  the  retirement  board. 

Sec.  24.  Sections  of  General  Laws  repealed.  Sections 
one  thousand  two  hundred  and  twenty  to  one  thousand  two 
hundred  and  thirty-one,  inclusive,  of  the  General  Laws  are  hereby 
repealed;  provided,  however,  that  those  provisions  of  said  sec- 
tions relating  to  the  custody  and  control  of  the  Vermont  state 
teachers'  retirement  fund  referred  to  in  section  twenty  of  this 
act  shall  continue  in  force  until  the  transfer  of  said  fund  to  the 
retirement  system  as  hereinbefore  provided. 

Sec.  25.     This  act  shall  take  effect  from  its  passage. 

Approved  April  8,  1919. 


PART  III. 


PUBLIC  SCHOOLS. 


Chapter  57- 
Chapter  58- 
Chapter  59.- 
Chapter  60.- 

Chapter  61.- 
Chapter  61A 
Chapter  62- 
Chapter  63- 
Chapter  64.- 
Chapter  65- 
Chapter  66- 


-Establishment  and  courses. 
-School  year,  attendance,  discipline. 
-Transportation  and  board  of  pupils. 
-Instruction    for    advanced    pupils    in    secondary 

schools. 
-Junior  and  senior  high  schools. 
— Unorganized  towns  and  gores. 
-Federal  aid  for  vocational  education. 
-Registers  and  returns. 
-Medical  inspection. 
-Testing  sight  and  hearing. 
-Fire  drills. 


CHAPTER  57. 
ESTABLISHMENT  AND  COURSES. 


Number,  Location,  Classification  and  Courses. 

Sec.  1232.     Competent  number;  petition;  state  aid. 

Each  town  district  shall  have  a  competent  number  of  elementary 

24 


schools  and  of  such  character  and  so  located  as  to  furnish  ade- 
quate, reasonable  and  convenient  opportunity  for  instruction  of 
pupils.  When  three  or  more  residents  of  any  community  having 
five  or  more  pupils  petition  the  school  directors  of  a  town  for 
the  establishment  of  a  school  in  such  community,  such  school 
directors  shall  forthwith  confer  with  the  commissioner  of  edu- 
cation, who  shall  advise  with  them  as  to  the  necessity  of  such 
school.  If,  in  the  judgment  of  the  school  directors,  such  school 
should  be  established,  they  shall  as  soon  as  possible  provide  the 
same  and  the  commissioner  of  education  shall  give  them  such  aid 
in  locating,  establishing  and  equipping  such  school  as  he  may 
deem  proper. 

Sec.  1233.  Classification.  The  public  schools  are  hereby 
divided  into  kindergartens,  elementary  schools  and  secondary 
schools. 

Sec.  1234.     Kindergarten   defined;   establishment. 

Kindergartens  shall  mean  schools  into  which  children  under  six 
years  of  age  may  be  received.  Such  schools  may  be  established 
by  the  board  of  school  directors  and  at  the  expense  of  the  town 
district. 

Sec.  1235.  Elementary  and  secondary  schools,  de- 
fined. A  school  offering  instruction  in  the  rural  school  course 
or  the  elementary  school  course  as  promulgated,  from  time  to 
time,  by  the  state  board  of  education,  shall  be  considered  an 
elementary  school.  A  school  offering  instruction  for  advanced 
pupils  as  hereinafter  provided,  shall  be  considered  a  secondary 
school. 

Sec.  1236.  Evening  schools;  status.  A  town  district 
may  maintain  one  or  more  evening  schools  for  persons  above 
the  compulsory  school  age,  and  such  schools  shall  be  considered 
public  schools. 

Courses. 

Sec.  1237.  Board  to  prescribe  and  promulgate;  rural 
school  course  and  elementary  school  course  defined;  sub- 
jects to  be  included.  The  state  board  of  education  shall  pre- 
scribe and  promulgate  uniform  courses  of  study  for  elementary 
schools,  as  follows: 

A  six-year  course  which  shall  be  known  as  the  rural  school 
course  and  adapted  to  the  needs  of  pupils  between  the  ages  of 
six  and  twelve  years. 

An  eight-year  course  which  shall  be  known  as  the  elementary 
school  course  and  adapted  to  the  needs  of  pupils  between  the 
ages  of  six  and  fourteen  years,  and  the  first  six  years  of  such 
course  shall  be  the  same  as  the  rural  school  course. 

Such  courses  shall  include  instruction  in  good  behavior, 
citizenship,  reading,  writing,  spelling,  English  grammar,  geogra- 

25 


phy,  arithmetic,  freehand  drawing,  the  history  and  constitution 
of  the  United  States,  elementary  physiology  and  hygiene,  with 
special  reference  to  the  effect  of  alcoholic  drinks  and  narcotics 
on  the  human  system,  and  shall  also  include  special  instruction 
in  the  geography,  history,  constitution  and  principles  of  govern- 
ment of  Vermont,  and  such  other  subjects  including  manual 
training  and  domestic  science  as  said  board,  from  time  to  time, 
deems  appropriate  to  the  needs  of  the  pupils. 

Sec.  1238.  Supplementary  reader.  The  supplementary 
reader  on  the  agricultural,  industrial  and  other  resources  of 
state,  published  by  the  state,  shall  be  used  in  such  grades  of  the 
public  schools  as  the  commissioner  of  education  shall  determine. 
Such  readers  shall  be  supplied  for  the  use  of  such  schools  as  said 
commissioner  shall  direct.  Such  readers  so  furnished  shall  re- 
main the  property  of  the  state.  Readers  not  in  use  in  any  school, 
shall,  on  the  order  of  said  commissioner  and  in  such  manner  as 
he  shall  direct,  be  sent  for  use  in  such  schools  as  said  commissioner 
may  order. 

Sec.  1239.  Special  Courses.  The  board  of  school  di- 
rectors may  provide  for  instruction  in  vocal  music,  physical  cul- 
ture and  drawing  by  the  regular  teacher  or  teachers,  or  by  a 
teacher  or  teachers  employed  for  such  purpose. 

Sec.  1240.  Pre-memorial  exercises.  The  last  half  day's 
session  of  the  public  schools  before  Memorial  day  shall  be  de- 
voted to  exercises  commemorative  of  the  history  of  the  nation 
during  the  War  of  the  Rebellion  and  to  patriotic  instruction  in 
the  principles  of  liberty  and  the  equal  rights  of  man. 

Sec.  1241.  Lincoln's  birthday.  Exercises  in  commem- 
oration of  the  birth,  life  and  services  of  Abraham  Lincoln  shall 
be  conducted  in  all  public,  private  and  parochial  schools  on  the 
twelfth  day  of  February  annually,  and  if  such  date  is  not  a  school 
day,  such  exercises  shall  be  conducted  on  the  last  school  day 
before  such  date. 

CHAPTER  58(. 

SCHOOL  YEAR,  ATTENDANCE,  DISCIPLINE. 

School  Year. 

Sec.  1242.  Commencement  and  close;  general  regu- 
lations. The  school  year  shall  commence  on  the  first  day  of 
July  and  end  on  the  last  day  of  June  following.  Every  public 
school,  other  than  secondary  schools,  shall  be  maintained  for  at 
least  thirty-four  weeks  in  each  school  year,  and  every  secondary 
school  for  at  least  thirty-six  weeks  in  each  school  year.  The 
board  of  school  directors  shall  make  regulations  dividing  the  afore- 
said weeks  into  terms  by  way  of  weeks  and  fix  the  number  of 

26 


hours  that  shall  constitute  a  school  day  and  the  number  of  days 
that  shall  constitute  a  school  week,  subject  to  change  upon  the 
order  of  the  state  board  of  education.  If  a  public  school  is  closed 
by  reason  of  the  prevalence  of  any  contagious  disease,  or  by  the 
order  of  said  board  with  the  approval  of  the  superintendent 
having  supervision  of  such  school,  the  time  during  which  such 
school  is  closed  shall  be  counted  in  determining  whether  such 
school  has  been  maintained  for  the  requisite  number  of  weeks 
during  that  school  year. 

Attendance. 

Sec.  1243.  Legal  pupil  denned.  The  words  "legal 
pupil"  shall  mean  every  child  between  the  ages  of  six  and  eighteen 
years  and  every  child  who  will  become  six  years  of  age  on  or  before 
the  first  day  of  January  next  following  the  beginning  of  the  school 
year,  but  a  person  who  has  become  eighteen  years  of  age  shall  not 
be  deprived  of  public  school  advantages  on  account  of  age.  Ex- 
cept as  herein  provided,  a  child  who  is  not  a  legal  pupil  shall  not 
be  received  into  a  public  school,  except  a  kindergarten,  without 
the  consent  of  the  superintendent  of  such  school,  and  a  child 
under  eight  years  of  age  shall  not  be  received  into  a  public  school, 
except  a  kindergarten,  after  the  beginning  of  the  fall  term  without 
the  consent  of  the  superintendent  of  such  school. 

Sec.  1244.  Between,  construed.  The  word  "between" 
as  used  in  this  title  in  respect  to  a  specified  age  of  a  pupil,  shall 
mean  the  period  of  time  commencing  on  the  birthday  of  such 
child  when  he  becomes  of  the  age  first  specified  and  ending  on 
the  day  next  preceding  the  birthday  of  such  child  when  he  be- 
comes of  the  age  last  specified. 

Sec.  1245.  Residence  defined;  appeal  to  commis- 
sioner. For  the  purposes  of  this  title,  the  residence  of  a  pupil 
is  where  the  person  having  control  of  him  resides  and  the  board 
of  school  directors  shall  determine  such  residence;  but  any  in- 
terested person  or  taxpayer  who  is  dissatisfied  with  the  decision 
of  said  board  as  to  such  pupil's  residence  may  appeal  to  the  com- 
missioner of  education,  who  shall  determine  such  residence  and 
his  decision  shall  be  final;  provided,  however,  that  the  provisions 
of  this  section  shall  not  affect  the  ultimate  liability  of  a  town  under 
section  one  thousand  two  hundred  and  sixty-one. 

Sec.  1246.  Non-resident  pupils.  Said  board  may  re- 
ceive into  the  schools  under  its  charge  non-resident  pupils,  under 
such  terms  and  restrictions  as  it  deems  best,  and  money  received 
for  the  instruction  of  such  pupils  shall  be  paid  into  the  school  fund 
of  the  district. 

Sec.  1247.  Same.  A  person  having  the  control  of  a  pupil 
residing  in  the  vicinity  of  a  school  in  an  adjoining  town  district, 
if  such  pupil  can  be  better  accommodated  in  such  school,  may 
demand  the  privileges  of  the  same  for  such  pupil.     The  tuition 

27 


for  such  pupil  shall  be  paid  from  the  school  money  of  the  district 
in  which  such  pupil  is  a  resident;  provided,  however,  if  the  parent 
of  such  pupil  is  a  taxpayer  in  such  adjoining  district,  each  district 
shall  pay  such  portion  of  the  tuition  as  the  tax  paid  by  the  parent 
in  each  district  bears  to  the  total  tax  paid  by  said  parent  in  both 
districts.  The  tuition  paid,  however,  shall  not  be  greater  than 
the  cost  per  pupil  per  week  for  the  maintenance  of  such  school, 
but  in  no  case  shall  it  exceed  one  dollar  and  fifty  cents  per  week. 

Sec.  1248.  List  of  legal  pupils.  The  clerk  of  the  board 
of  school  directors  shall  annually,  between  the  first  and  fifteenth 
day  of  August,  prepare  on  forms  to  be  prescribed  by  the  state 
board  of  education,  an  accurate  list  containing  the  name  and  date 
of  birth  of  each  legal  pupil  residing  in  the  town  district,  the  name 
of  the  parent  or  other  person  having  control  of  such  pupil  and 
such  other  facts  as  said  board  may  prescribe.  Said  clerk  shall 
keep  such  list  on  file  and  make  such  report  therefrom  as  said 
board  may  require.  Upon  presentation  of  a  certificate  of  the 
superintendent  who  has  supervision  of  the  schools  of  such  dis- 
trict, that  such  list  has  been  prepared  as  required  by  this  section, 
said  clerk  shall  be  paid  by  the  town  district  for  preparing  such 
list,  six  cents  for  each  pupil  named  in  such  list. 

Sec.  1249.  Penalty.  A  person  having  control  of  a  child 
between  the  ages  of  six  and  eighteen  years  who  refuses  to  give 
said  clerk  information  as  to  the  age  of  such  child,  or  falsely  states 
the  same,  shall  be  fined  not  more  than  twenty  dollars. 

Sec.  1250.  List  furnished  to  board;  duties  of  board. 
Immediately  upon  completion  of  the  list  mentioned  in  the  second 
preceding  section,  said  clerk  shall  furnish  the  board  of  school 
directors  with  a  list  of  the  legal  pupils  in  the  town  district,  with 
names  in  alphabetical  order  and  the  date  of  birth  of  each  pupil. 
Before  the  opening  day  of  the  fall  term,  said  board  shall,  subject 
to  the  approval  of  said  superintendent,  designate  the  school  each 
pupil  shall  attend  during  the  ensuing  school  year,  and  shall  fur- 
nish said  superintendent  with  a  list  of  such  pupils,  with  names 
in  alphabetical  order,  the  date  of  birth  of  and  the  school  desig- 
nated for  each  pupil.  Said  board  shall  also,  at  the  same  time, 
furnish  the  teacher  of  the  school  so  designated  with  a  list  of  the 
pupils  required  to  attend  such  school  during  the  ensuing  school 
year,  together  with  the  date  of  birth  of  each  pupil.  Said  teacher 
shall  inscribe  on  the  sheet  in  the  register  of  such  school  the  names 
and  dates  of  births  so  furnished.  Said  board  may,  at  any  time, 
with  the  consent  of  the  superintendent,  designate  a  different 
school  for  a  pupil  to  attend.  Said  board  shall,  when  necessary, 
designate,  with  the  consent  of  said  superintendent,  the  school 
to  be  attended  by  a  legal  pupil  not  included  in  such  list  and  by  a 
person  who  has  become  eighteen  years  of  age.  If  said  board 
designates  a  different  school  to  be  attended  by  a  pupil  or  desig- 
nates a  school  to  be  attended  by  a  person  not  included  in  such 

28 


list,  it  shall  notify  the  teacher  of  the  school  in  which  such  pupil  is 
to  be  enrolled  and  furnish  said  teacher  with  the  name  of  the  pupil 
and  the  date  of  his  birth,  and  shall,  in  case  of  a  change  in  schools, 
notify  the  teacher  of  the  school  in  which  such  pupil  was  enrolled 
that  such  pupil  is  no  longer  required  to  attend  such  school,  and 
said  teachers  shall  correct  their  registers  accordingly. 

Sec.  1251.  Attendance  may  be  excused.  The  superin- 
tendent of  a  public  school  may,  in  writing,  excuse  any  pupil  from 
attendance  upon  such  school  for  a  definite  time  but  for  not  more 
than  ten  consecutive  school  days,  and  such  excuse  shall  be  granted 
only  for  emergencies  or  for  absence  from  town. 

Sec  1252.  Same.  The  superintendent  of  an  elementary 
school  held  for  more  than  one  hundred  and  seventy  school  days 
in  a  school  year,  may,  in  writing,  excuse  any  pupil  of  such  school 
from  attending  more  than  such  one  hundred  and  seventy  days. 

Sec  1253.  Same.  The  superintendent  may,  in  writing, 
excuse  a  pupil  who  has  reached  the  age  of  fifteen  years  and  has 
completed  the  work  required  in  the  rural  school  course,  from  fur- 
ther school  attendance  if  his  services  are  needed  for  the  support 
of  those  dependent  upon  him,  or  for  any  other  sufficient  reason. 

Sec  1254.  Legal  pupils  to  attend  school.  A  person 
having  the  control  of  a  child  between  the  ages  of  eight  and  sixteen 
years  shall,  unless  such  child  is  mentally  or  physically  unable  so 
to  attend  or  is  otherwise  being  furnished  with  the  same  education 
or  has  completed  the  elementary  school  course  or  the  rural  school 
course  and  the  first  two  years  of  the  junior  or  senior  high  school 
course  or  is  excused  by  the  superintendent  or  a  school  director 
as  provided  in  this  chapter,  cause  such  child  to  attend  a  public 
school  continuously  for  the  full  number  of  days  for  which  such 
school  is  held. 

Sec  1255.  Pupil  over  age,  after  enrollment.  A  per- 
son having  the  control  of  a  child  over  sixteen  years  of  age  who 
allows  such  child  to  become  enrolled  in  a  public  school;  shall  cause 
such  child  to  attend  such  school  continuously  for  the  full  number 
of  the  school  days  of  the  term  in  which  he  is  so  enrolled,  unless 
such  child  is  mentally  or  physically  unable  to  continue,  or  is  ex- 
cused in  writing  by  the  superintendent  or  a  school  director;  and 
in  case  of  such  enrollment,  such  person,  an,d  the  teacher,  child, 
superintendent  and  school  directors  shall  be  under  the  laws  and 
subject  to  the  penalties  relating  to  the  attendance  of  children 
between  the  ages  of  eight  and  sixteen  years. 

Sec  1256.  Notice  of  non-attendance.  If  a  pupil  be- 
tween the  ages  of  eight  and  sixteen  years,  who  is  not  excused  or 
exempted  from  school  attendance,  fails  to  enter  school  at  the  be- 
ginning thereof,  or  being  enrolled,  fails  to  attend  the  same,  and  if 
a  pupil  who  has  become  sixteen  years  of  age  becomes  enrolled  in  a 
public  school  and  fails  to  attend,  the  teacher  shall  forthwith  no- 

29 


tify  the  superintendent  or  school  directors,  and  the  truant  officer 
unless  said  teacher  is  satisfied  upon  information  that  the  pupil  is 
absent  on  account  of  sickness. 

Sec.  1257.  Exception.  The  provisions  of  the  two  pre- 
ceding sections  in  respect  to  school  directors,  their  powers  and 
duties,  shall  not  apply  to  school  directors  in  a  town  or  city  having 
twenty-five  or  more  legal  schools. 

Duties  of  Truant  Officer  and  Superintendent. 

Sec  1258.  Notice  by  truant  officer;  penalty.  Said 
truant  officer  shall,  upon  receiving  the  notice  provided  in  the 
second  preceding  section,  forthwith  inquire  into  the  cause  of  the 
child's  non-attendance;  and,  if  he  finds  that  the  child  is  absent 
without  cause,  he  shall  give  written  notice  to  the  person  having 
the  control  of  such  child  that  such  child  is  absent  from  school 
without  cause,  and  he  shall  also  notify  said  person  to  cause  such 
child  to  attend  school  regularly  thereafter.  If,  after  receiving 
such  notice,  said  person  fails,  without  legal  excuse,  to  cause  such 
child  to  attend  school  as  required  by  this  chapter,  he  shall  be 
fined  not  more  than  twenty-five  dollars  nor  less  than  five  dollars; 
and  the  truant  officer  shall  forthwith  enter  a  complaint  to  the 
town  grand  juror  of  the  town  in  which  said  person  resides,  or 
to  the  state's  attorney  of  the  county,  and  shall  furnish  him  with  a 
statement  of  the  evidence  upon  which  such  complaint  is  based, 
and  said  grand  juror  or  state's  attorney  shall  prosecute  said  per- 
son. In  such  prosecution,  the  complaint,  information  or  in- 
dictment shall  be  deemed  sufficient  if  it  states  that  the  respondent, 
(naming  him)  having  the  control  of  a  child  of  school  age,  (naming 
him)  neglects  to  send  such  child  to  school  as  required  by  law. 

Sec  1259.  Legal  pupil  taken  to  school.  A  superin- 
tendent may  and  the  truant  officer  shall  stop  a  child  between 
the  ages  of  .eight  and  sixteen  years  or  a  child  sixteen  years  of  age 
or  over  and  enrolled  in  a  public  school,  wherever  found  during 
school  hours,  and  shall,  unless  such  child  is  excused  or  exempted 
from  school  attendance,  take  him  to  the  school  which  he  should 
attend. 

Sec.  1260.  Pupils,  mentally  or  physically  unfit.  If  a 
person  having  the  control  of  a  pupil  represents  to  the  superin- 
tendent having  supervision  of  the  school  which  such  child  should 
attend,  that  such  child  is  mentally  or  physically  unable  to  attend 
school,  and  if  said  superintendent  has  reason  to  believe  that  such 
representation  is  untrue,  he  shall  investigate  and,  if  he  deems  it 
advisable,  shall  request  the  health  officer  of  the  town  or  a  com- 
petent physician  to  examine  such  child,  but  if  there  is  a  medical 
inspector  in  the  district  in  which  such  school  is  located,  said  super- 
intendent shall  request  such  inspector  to  examine  such  child. 
Said  officer,  physician  or  inspector  shall  examine  the  child  and 

30 


make  a  report  of  his  condition  to  said  superintendent;  and  said 
superintendent  shall,  if  the  child  is  found  mentally  or  physically 
unable  to  attend  school,  notify  the  teacher  of  such  school  and 
the  truant  officer  of  the  town  of  such  fact.  The  expense  of  such 
examination  shall  be  paid  from  the  school  funds  of  the  town 
district. 

Sec.  1261.  Overseer  of  poor  to  be  notified.  If  a  person 
having  the  control  of  a  legal  pupil  notifies  said  superintendent 
that  he  is  unable  to  provide  such  pupil  with  suitable  clothing  for 
school  attendance,  and  if,  upon  investigation,  said  superintendent 
is  satisfied  that  such  pupil  does  not  have  suitable  clothing  and 
that  such  person  is  unable  to  provide  such  clothing,  said  superin- 
tendent shall  notify  the  overseer  of  the  poor  of  the  town  in  which 
such  person  resides,  who  shall  at  once  provide  suitable  clothing 
for  such  pupil;  and  the  town  so  furnishing  the  same  may  recover 
the  expense  thereof  from  the  town  chargeable  with  such  child's 
support  as  is  provided  in  chapter  one  hundred  and  eighty-two. 

Sec.  1262.  Jurisdiction  of  non-residents.  The  super- 
intendent of  a  school  in  which  a  non-resident  pupil  is  enrolled 
and  a  truant  officer  having  jurisdiction  of  the  pupils  in  such  school, 
shall  have  the  same  authority  and  jurisdiction  over  such  non- 
resident pupil  and  the  person  having  the  control  of  such  pupil  as 
they  have  over  resident  pupils  and  the  persons  having  control  of 
such  pupils. 

Discipline. 

Sec.  1263.  Corporal  punishment.  A  teacher  or  a  prin- 
cipal of  a  school,  or  a  superintendent  or  a  school  director  on  re- 
quest of  and  in  the  presence  of  the  teacher,  may  resort  to  any 
reasonable  form  of  punishment,  including  corporal  punishment, 
and  to  any  reasonable  degree,  for  the  purpose  of  securing  obedi- 
ence on  the  part  of  any  child  enrolled  in  such  school,  or  for  his 
correction,  or  for  the  purpose  of  securing  or  maintaining  order 
in  and  control  of  such  school. 

Sec.  1264.  Dismissal  of  undesirable.  A  superintendent 
may,  after  consulting  the  local  health  officer,  or  if  there  is  a  medi- 
cal inspector,  with  such  inspector,  and  with  the  consent  of  a  ma- 
jority of  the  board  of  school  directors,  dismiss  from  school  any 
pupil  whose  personal  habits,  infirmities  or  influence  is  such  as  to 
make  the  presence  of  such  pupil  harmful  to  the  welfare  of  the 
school. 

Sec.  1265.  Secret  societies.  A  pupil  enrolled  in  a  pub- 
lic school  shall  not  join  or  solicit  any  other  pupil  of  such  school 
to  join  any  secret  fraternity,  club  or  society,  whose  membership 
is  formed  in  whole  or  in  part  from  the  pupils  attending  such 
school,  or  take  part  in  the  organization,  formation  or  continua- 
tion of  any  such  fraternity,  club  or  society,  except  such  as  are 

31 


sanctioned  by  the  commissioner  of  education  and  the  superin- 
tendent having  charge  of  such  school,  after  an  impartial  investi- 
gation of  the  nature  of  such  organization.  In  the  course  of  such 
investigation,  the  members  of  any  such  existing  or  proposed  or- 
ganization shall  be  given  full  opportunity  to  be  heard,  either  in 
person  or  by  deputy.  The  superintendent,  pursuant  to  regula- 
tions which  shall  be  made  by  the  state  board  of  education,  shall 
have  power  to  suspend  or  dismiss  any  pupil,  or  to  prevent  any 
pupil  from  graduating  or  participating  in  school  honors,  if,  upon 
investigation  had  after  notice  to  the  pupil,such  superintendent  finds 
him  guilty  of  violating  a  provision  of  this  section.  The  provisions 
of  this  section  shall  not  apply  to  membership  in  temperance  or 
religious  societies  or  associations  of  any  kind,  nor  to  societies  or 
associations  which  have  been  or  may  be  established  for  the  moral 
advancement  of  youth. 

Penalties. 

Sec.  1266.  Truancy.  A  pupil  enrolled  in  a  public  school 
who  is  guilty  of  wilful,  continued  and  incorrigible  truancy,  or 
moral  delinquency,  may  be  sentenced  to  the  Vermont  industrial 
school  for  a  period  of  not  less  than  thirty-six  weeks. 

Sec.  1267.  Penalty  for  neglect.  A  superintendent,  tru- 
ant officer  or  an  overseer  of  the  poor  who  refuses  or  neglects  to 
carry  out  the  provisions  of  this  chapter,  shall  be  fined  not  more 
than  one  hundred  dollars. 

Sec.  1268.  Teacher.  A  teacher  who  violates  a  provision 
of  this  chapter  shall  be  fined  not  more  than  twenty-five  dollars 
nor  less  than  five  dollars. 

CHAPTER  59. 
TRANSPORTATION  AND  BOARD  OF  PUPILS. 

General  Provisions. 

Sec.  1269.  Duties  of  directors.  The  board  of  school 
directors  shall,  subject  to  the  approval  of  the  superintendent, 
have  charge  of  and  regulate  the  transportation  and  board  of 
pupils  in  the  schools  under  its  charge,  and  contracts  therefor  shall 
be  made  by  it. 

Sec.  1270.  When  furnished;  compensation.  Every 
legal  pupil  required  to  attend  an  elementary  school,  or  required 
to  pursue  the  first  two  years  of  the  junior  or  senior  high  school 
course,  who  resides  at  least  one  and  a  half  miles  from  the  school  he 
is  required  to  attend,  may  be  furnished  with  transportation  to 
such  school,  whenever  feasible,  and,  if  not  feasible,  such  pupil 
shall  be  furnished  with  board  whenever  necessary  to  afford  him 
an  opportunity  to  attend  school.  The  state  shall  pay  on  ac- 
count of  such  board  not  to  exceed  one  dollar  per  week  per  pupil, 
and  town  shall  pap  the  remainder. 

32 


Sec.  1271.  Compensation,  when.  The  expense  for  such 
transportation  shall  be  paid  by  the  state  in  all  town  districts 
whose  grand  list  does  not  exceed  five  thousand  dollars;  and  in 
town  districts  having  a  grand  list  in  excess  of  five  thousand  dollars, 
the  state  and  the  town  district  shall  bear  such  expense  in  the 
ratio  five  thousand  bears  to  the  grand  list  of  such  district.  Pro- 
vided, however,  that  a  town  district  shall  not  receive  from  the 
state  an  average  of  more  than  twenty  dollars  a  year  for  each  pupil 
so  transported. 

Sec.  1272.  Same.  The  board  of  school  directors  may 
cause  transportation  to  be  furnished  to  a  pupil  residing  less  than 
a  mile  and  a  half  from  the  school  he  is  required  to  attend,  if  the 
exigencies  of  the  case  require,  but  in  all  such  cases  the  expenses 
thereof  shall  be  paid  by  the  town  district. 

Sec.  1273.  Appeal  to  commissioner.  Any  interested 
person  or  taxpayer  who  is  dissatisfied  with  the  decision  of  the 
board  of  school  directors  as  to  transportation  or  board  of  a  pupil, 
may  appeal  to  the  commissioner  of  education,  who  shall  deter- 
mine the  matter  and  his  decision  shall  be  final.  The  board  of 
school  directors  shall,  on  complaint  of  any  interested  person  or 
taxpayer  as  to  the  character  of  any  person  employed  to  trans- 
port pupils,  hear  the  complaint  and  decide  the  matter,  and  there- 
upon, if  such  person  or  taxpayer  is  dissatisfied  with  such  decision, 
an  appeal  may  be  taken  to  the  commissioner  of  education,  who 
shall  determine  the  matter  and  his  decision  shall  be  final. 

Sec.  1274.  Reports  as  to  transportation.  The  super- 
intendent shall  include  in  his  annual  report  to  the  board  of  school 
directors  of  each  town  district,  a  report  as  to  the  pupils  of  such 
district  who  have  been  transported  or  boarded  under  the  pro- 
visions of  this  chapter,  and  the  expense  thereof.  Said  superin- 
tendent shall  annually,  at  a  time  which  shall  be  fixed  by  the  state 
board  of  education,  make  a  report  to  said  board  as  to  all  pupils 
transported  or  boarded  under  the  provisions  of  this  chapter,  and 
the  expense  thereof. 

CHAPTER  60. 

INSTRUCTION  FOR  ADVANCED  PUPILS 
IN  SECONDARY  SCHOOLS. 

High  Schools  and  Academies. 

Sec.  1275.  Duties  of  town  school  districts;  payment 
of  tuition.  Each  town  district  shall  maintain  a  high  school  or 
furnish  higher  instruction,  as  hereinafter  provided,  for  its  ad- 
vanced pupils  at  a  high  school  or  academy  to  be  selected  by  the 
parents  or  guardian  of  the  pupil,  within  or  without  the  state;  and 

33 


each  town  district  shall,  except  as  hereinafter  provided,  pay  the 
tuition  of  such  pupils  to  an  amount  not  to  exceed  sixty  dollars 
per  school  year  per  pupil,  unless  a  town  district  votes  to  pay  a 
higher  rate  of  tuition.  An  interested  person  may  appeal  to  the 
state  board  of  education  from  the  action  of  the  board  of  school  di- 
rectors in  regard  to  the  tuition  to  be  paid  for  advanced  instruction, 
and  its  decision  shall  be  final.  A  person  shall  not  be  deprived  of 
such  instruction  by  reason  of  age. 

Sec.  1276.  High  school,  defined.  The  words  "high  school" 
as  used  in  the  preceding  section  shall  mean  a  school  offering  in- 
struction to  pupils  who  have  completed  the  elementary  school 
course  or  the  first  two  years  of  a  junior  or  senior  high  school 
course;  and  the  state  board  of  education  shall,  subject  to  the  pro- 
visions of  this  title  relating  to  junior  and  senior  high  schools,  de- 
termine the  classification  and  standard  of  high  schools  and  acad- 
emies and  may  make  regulations  governing  recitation  periods 
and  fix  the  minimum  amount  of  apparatus  in  a  high  school  or 
academy.  A  school  shall  not  be  considered  a  high  school  within 
the  meaning  of  this  title  which  is  not  approved  by  the  state  board 
of  education. 

No.  60,  Acts  of  1921.     Tuition  of  agricultural  students  at 

Lyndon  Institute. 

Section  1.  The  state  board  of  education  is  hereby  author- 
ized to  pay  out  of  funds  available  under  division  VII  of  section 
thirteen  hundred  and  seventy-one  of  the  General  Laws  tuition 
charges  for  students  who  may  apply  for  instruction  in  the  agri- 
cultural department  of  Lyndon  Institute,  provided  said  students 
shall  be  qualified  for  admission  as  provided  in  sections  twelve 
hundred  and  seventy-nine  and  twelve  hundred  and  eighty  of  the 
General  Laws,  and  provided  further  that  the  organization  and 
courses  of  study  of  said  agricultural  department  of  Lyndon 
Institute  shall  have  been  duly  approved  by  the  state  board  of 
education. 

Courses  of  Instruction. 

Sec.  1277.  Subjects  taught;  teachers.  The  course  of 
instruction  in  high  schools,  other  than  junior  and  senior  high 
schools,  shall  begin  immediately  at  the  completion  of  the  elemen- 
tary school  course.  In  high  schools,  other  than  junior  and  senior 
high  schools  and  in  such  high  schools  if  prescribed  by  the  state 
board  of  education,  instruction  shall  be  given  in  English  language 
and  literature,  higher  mathematics,  history  and  natural  sciences; 
and  instruction  may  be  given  in  ancient  and  modern  languages, 
political,  social,  moral  and  domestic  sciences,  agricultural  and 
commercial  subjects,  music,  physical  culture  and  the  fine  and 
mechanical  arts.     The  courses  and  subjects  of  study  for  all  high 

34 


schools  shall  be  approved  by  the  state  board  of  education,  sub- 
ject to  the  provisions  in  respect  to  junior  and  senior  high  schools 
hereinafter  provided,  and  the  schools  in  each  class  and  grade 
shall  conform  to  the  courses  and  subjects  so  approved  for  that 
class  and  grade.  Every  high  school  shall  be  considered  a  single 
school  for  which  a  single  register  shall  be  kept.  All  high  schools 
shall  be  taught  by  a  teacher  or  teachers  of  competent  ability, 
good  morals  and  legal  certifications.  An  educational  institution 
legally  incorporated  and  providing  instruction  equivalent  to 
that  of  a  high  school  of  any  class  shall  be  an  academy. 

Sec.  1278.  Manual  training;  domestic  economy;  agri- 
culture. A  town  district  maintaining  a  high  school,  other  than 
a  junior  or  senior  high  school,  having  a  four-year  course  as  pre- 
scribed by  the  state  board  of  education,  may  provide  for  and 
maintain  courses  or  departments  in  manual  training,  domestic 
economy  or  agriculture  with  special  instructors  therefor,  and  if 
such  courses  or  departments  have  been  submitted  to  and  ap- 
proved by  the  state  board  of  education,  and  if  not  less  than  six 
hundred  dollars  has  been  paid  in  salaries  for  instruction  in  any 
of  such  courses  or  departments  in  a  school  year,  the  chairman 
of  the  board  of  school  directors  of  such  district  shall  make  return 
under  oath,  to  the  state  board  of  education  of  the  amount  so  paid 
for  salaries;  and  the  auditor  of  accounts,  on  certificate  of  the 
state  board  of  education,  shall  draw  an  order  for  two  hundred 
dollars  for  each  course  or  department  so  maintained.  The  ap- 
proval by  the  state  board  of  education  of  such  a  course  or  de- 
partment shall  stand  until  withdrawn  by  a  notice  in  writing  to 
the  chairman  of  such  board  of  directors.  Such  two  hundred 
dollars  shall  not,  however,  be  paid  on  account  of  courses  or  de- 
partments in  a  high  school  if  the  district  in  which  such  high  school 
is  located  receives  aid  from  the  state  or  the  United  States  in  com- 
pliance with  the  provisions  of  an  act,  entitled  "An  act  to  provide 
for  the  promotion  of  vocational  education;  to  provide  for  coopera- 
tion with  the  states  in  the  promotion  of  such  education  in  agri- 
culture and  the  trades  and  industries;  to  provide  for  cooperation 
with  the  states  in  the  preparation  of  teachers  of  vocational  sub- 
jects; and  to  appropriate  monej'-s  and  regulate  its  expenditure," 
approved  February  twenty-third,  nineteen  hundred  and  seven- 
teen.* 

Qualifications  of  Pupils  for  Advanced  Instruction. 

Sec.  1279.  Certificate.  A  pupil  who  has,  under  such 
regulations  as  the  state  board  of  education  shall  prescribe,  satis- 
factorily completed  the  work  of  the  elementary  school  course, 
or  the  first  six  years  of  such  course,  or  the  rural  school  course, 
shall  be  entitled  to  a  certificate  from  the  superintendent,  which 

*See  Chap.  62: 

35 


certificate  shall  specify  the  course  or  part  of  the  course  so  com- 
pleted by  such  pupil.  A  pupil  who  receives  such  certificate  at 
the  completion  of  the  elementary  school  course  shall,  upon  pre- 
senting the  same,  be  permitted  to  enter  and  become  enrolled  as  a 
student  in  the  first  year  of  a  high  school  or  academy  as  provided 
by  law,  or  in  case  of  the  completion  of  the  rural  school  course  or 
the  first  six  years  of  the  elementary  school  course,  in  the  first  year 
of  a  junior  or  senior  high  school  as  provided  by  law. 

Sec.  1280.  Certificate  from  outside  district.  A  pupil 
who  holds  a  certificate  showing  that  he  has  satisfactorily 
completed  the  elementary  school  course  or  the  rural  school  course 
in  a  district  other  than  that  of  his  residence  shall  be  entitled  to 
enter  and  become  enrolled  as  a  student  in  a  high  school  offering  a 
four-year  course,  except  a  junior  high  school,  or  in  a  senior  high 
school,  as  the  case  may  be,  according  to  his  qualifications,  main- 
tained in  such  district,  and  shall  be  entitled  to  the  payment  of 
his  tuition  by  the  district  of  his  residence  for  the  course  he  pursues 
in  such  high  school;  provided,  however,  that  he  shall  not  be 
entitled  to  have  his  tuition  paid  for  the  first  two  years  of  a  senior 
high  school  course  unless  the  district  of  his  residence  so  arranges 
as  hereinafter  provided. 

Sec  1281.  Qualifications.  If  a  pupil  is  not  entitled  to 
enter  a  high  school  as  provided  by  this  chapter  by  reason  of  not 
having  attended  the  elementary  schools  of  this  state,  and  desires 
to  enter  a  high  school,  the  superintendent  of  the  district  in  which 
such  high  school  is  located,  shall,  subject  to  such  regulations  as 
said  board  shall  prescribe,  determine  the  qualifications  of  such 
pupil  to  enter  such  high  school. 

Liability  of  Districts  for  Tuition. 

Sec  1282.     Certificate  or  examination  necessary.     A 

town  district  shall  not  pay  the  tuition  of  a  pupil  for  the  first  year 
of  a  four-year  course  in  a  high  school  or  academy,  other  than  a 
junior  or  senior  high  school,  unless  such  pupil  has  received  a  cer- 
tificate for  completing  the  elementary  school  course  as  provided 
by  section  one  thousand  two  hundred  and  seventy-nine  or  has 
passed  such  examinations  as  shall  be  prescribed  by  the  state 
board  of  education. 

Sec  1283.  Certificate.  A  town  district  shall  not  pay  the 
tuition  of  a  pupil  for  the  third  year  in  a  junior  or  senior  high  school 
unless  such  pupil  has  received  a  certificate  from  the  superintendent 
of  the  school  last  attended  by  such  pupil,  stating  that  such  pupil 
has  satisfactorily  completed  the  elementary  school  course  or  the 
first  two  years  of  the  junior  or  senior  high  school  course. 

Sec  1284.  Qualifications  for  payment  of  tuition  in 
advanced  courses.  A  pupil  who  has  completed  without  con- 
ditions the  first  year  of  a  four-year  course  in  a  high  school  in  a 
district  other  than  of  his  residence,  or  in  an  academy  in  a  district 

36 


other  than  of  his  residence,  as  provided  by  this  title,  or  a  pupil 
who  has  completed  without  conditions  the  third  year  in  a  junior 
or  senior  high  school  in  a  district  other  than  of  his  residence,  shall 
be  entitled  to  payment  of  his  tuition  by  the  district  of  his  resi- 
dence, and  without  examination,  for  three  additional  years  in 
a  high  school  or  high  schools  offering  advanced  instruction. 

Sec.  1285.  District  to  pay  tuition  only  in  approved 
schools.  A  town  district  shall  not  pay  the  tuition  of  a  pupil 
receiving  advanced  instruction  except  to  a  high  school  or  academy 
approved  by  the  state  board  of  education. 

Sec.  1286.  Tuition  to  be  paid  to  academy  in  student's 
town,  when;  exceptions.  In  a  town  district  not  maintaining 
a  high  school  offering  a  four-year  course  as  prescribed  by  the  state 
board  of  education  but  having  therein  an  academy  offering  such  a 
four-year  course,  tuition  for  advanced  instruction  shall  be  paid 
to  such  academy  only,  unless  applicants  for  such  advanced  in- 
struction can  be  better  accommodated  in  approved  high  schools 
or  academies  nearer  their  homes;  but  any  such. applicant  who  is 
dissatisfied  with  the  kind  of  instruction  provided  in  such  academy 
or  cannot  obtain  the  kind  or  course  of  instruction  desired,  may 
appeal  to  the  state  board  of  education  and  its  decision  shall  be 
final  in  regard  to  the  institution  such  applicant  may  attend.  An 
academy  shall  not  be  regarded  as  the  public  high  school  of  a 
town  district  except  upon  the  approval  of  said  board. 

Sec  1287.  Book  rent.  In  case  the  school  board  of  a 
town  district  maintaining  a  high  school  or  the  board  of  trustees 
of  an  academy  do  not  charge  tuition,  but  charge  book  rent  in  lieu 
thereof,  such  book  rent  shall  be  paid  by  a  district  not  maintaining 
a  high  school  and  which  has  resident  students  in  attendance  upon 
such  high  school  or  academy,  and  the  district  paying  such  book 
rent  shall  be  entitled  to  rebate  from  the  state  in  the  same  manner 
and  under  the  same  provisions  as  is  provided  for  districts  paying 
for  advanced  instruction. 

State  Aid  for  Advanced  Instruction. 

Sec.  1288.  Rebate  from  state  to  town  district;  classi- 
fication. Each  town  district  maintaining  a  high  school  under 
the  provisions  of  this  title  or  paying  tuition  for  higher  instruction 
in  an  approved  high  school  or  academy,  shall  receive  from  the 
state  a  rebate  for  such  higher  instruction  upon  the  following  basis: 
town  districts  having  a  grand  list  of  five  thousand  dollars  or  less 
shall  receive  twenty-five  dollars  per  pupil  per  school  year,  those 
having  a  grand  list  of  more  than  five  thousand  dollars  and  not 
more  than  seven  thousand  dollars  shall  receive  twenty  dollars 
per  pupil  per  school  year,  those  having  a  grand  list  of  more  than 
seven  thousand  dollars  and  not  more  than  ten  thousand  dollars 
shall  receive  fifteen  dollars  per  pupil  per  school  year,  those  hav- 
ing a  grand  list  of  more  than  ten  thousand  dollars  and  not  more 

37 


than  fifteen  thousand  dollars  shall  receive  ten  dollars  per  pupil 
per  school  year,  but  those  having  a  grand  list  of  more  than 
fifteen  thousand  dollars  shall  receive  no  rebate;  provided,  how- 
ever, that  rebate  shall  not  be  allowed  for  pupils  attending  the 
first  and  second  year  of  a  junior  or  senior  high  school. 

Sec.  1289.  Certificate  to  auditor  of  accounts.  The 
school  directors  of  each  town  district  shall  annually,  in  July,  cer- 
tifjr  under  oath  to  the  auditor  of  accounts  in  such  form  as  said 
auditor  directs,  the  number  of  pupils  who  have  been  furnished 
with  such  higher  instruction,  and  said  auditor  shall  thereupon 
draw  an  order  in  favor  of  each  town  district  for  the  amount  due 
therefor. 

Transportation  of  Advanced  Pupils. 

Sec.  1290.  When  furnished.  A  town  district  may,  by  a 
majority  vote  of  its  voters  present  and  voting  at  a  meeting,  au- 
thorize its  school  directors  to  pay  a  reasonable  sum  for  the  trans- 
portation of  its  pupils  attending  a  high  school  other  than  a  junior 
or  senior  high  school,  or  attending  the  last  two  years  of  a  junior 
high  school  or  the  last  four  years  of  a  senior  high  school,  but  such 
payments  are  not  to  be  considered  in  the  distribution  of  funds  as 
provided  by  section  one  thousand  two  hundred  and  seventy-one. 

Grammar  School  Lands. 

Sec.  1291.  Directors  to  have  control,  when;  applica- 
tion of  income.  The  board  of  school  directors  or  prudential 
committee  of  a  school  district  within  which  grammar  school 
lands  are  located,  provided  the  revenue  of  such  lands  has  not  been 
granted  to  a  particular  academy  or  grammar  school  or  to  a  par- 
ticular use  by  special  act  of  the  general  assembly,  shall  have  con- 
trol and  management  thereof,  shall  have  power  to  lease  the  same 
on  the  expiration  of  existing  leases  and  to  collect  and  disburse  all 
revenues  arising  therefrom.  If  in  any  school  district  in  which 
lands  are  located  a  high  school  or  an  academy,  approved  by  the 
state  board  of  education,  is  maintained  by  a  town  or  incorporated 
school  district,  the  revenues  arising  from  such  lands  shall  be  used 
in  the  maintenance  of  such  high  school  or  academy;  but  if  such  a 
high  school  or  academy  is  not  maintained  by  the  district,  the 
revenues  arising  from  such  lands  shall  be  used  in  the  payment 
of  the  tuition  of  resident  students  pursuing  advanced  instruction 
in  other  districts.  All  funds  that  have  accumulated  in  the  hands 
of  trustees  from  grammar  school  lands  located  within  a  town  or 
incorporated  school  district  shall  be  paid  over  to  the  board  of 
school  directors  or  prudential  committee,  as  the  case  may  be,  to 
invest  and  control,  for  which  bonds  satisfactory  to  the  selectmen 
shall  be  given,  and  the  income  from  such  investments  shall  be 
used  in  the  same  manner  as  the  revenues  of  the  grammar  school 
lands  herein  mentioned. 

38 


CHAPTER  61. 

JUNIOR  AND  SENIOR  HIGH  SCHOOLS. 
Sec.  1292.     Classification  by  board  of  education.     The 

state  board  of  education  may,  with  the  approval  of  the  school 
directors  in  the  town  district  concerned,  divide  the  secondary 
schools  of  the  state,  now  existing  or  hereafter  to  be  established, 
into  two  classes: 

I.  Junior  high  schools,  having  a  four-year  course;  and 

II.  Senior  high  schools,  having  a  six-year  course. 

Junior  High  Schools. 

Sec.  1293.  When  maintained.  A  junior  high  school 
may  be  maintained  in  a  town  district,  unless  by  arrangement  an 
academy  in  such  district  is  in  effect  made  the  public  school  thereof, 
where  the  number  of  qualified  pupils  to  be  conveniently  accom- 
modated reasonably  warrants  it. 

Sec.  1294.  Courses  of  study.  Junior  high  schools  shall 
have  a  four-year  course,  flexible  in  character,  designed  for  the 
instruction  of  pupils  who  have  completed  the  rural  school  course 
or  the  first  six  years  of  the  elementary  school  course,  and  suitable 
to  the  number  and  needs  of  local  pupils;  and  the  state  board  of 
education  shall  arrange  for  a  course  of  study,  including  vocational 
opportunities,  appropriate  to  the  needs  of  the  pupils  in  the  several 
communities.  In  a  town  district  where  a  junior  high  school  is 
established,  said  board  shall  make  the  necessary  readjustment  of 
the  course  of  study  in  the  elementary  schools. 

Senior  High  Schools. 

Sec.  1295.  When  maintained.  Whenever  necessity  re- 
quires and  the  school  directors  approve,  there  may  be  as  many 
central  and  readily  accessible  senior  high  schools,  articulating 
directly  with  all  neighboring  junior  high  schools,  as  the  number 
of  pupils  desiring  the  advanced  instruction  given  only  in  this  class 
of  schools  reasonably  demands.  The  number  and  location  of 
such  schools  and  the  regions  to  be  served  thereby,  shall  be  deter- 
mined by  the  state  board  of  education,  and  said  board  may  desig- 
nate an  academy  as  a  senior  high  school. 

Sec.  1296.  Courses  of  study.  Senior  high  schools  shall 
have: 

I.  A  four-year  junior  course  of  study  as  in  junior  high 
schools;  and 

II.  A  two-year  senior  course  of  study  in  advance  of  such 
junior  course,  appropriate  to  youth  between  seventeen  and  nine- 
teen years  of  age,  who  are  fitting  for  college  or  are  completing  a 
course  of  general  education  or  are  seeking  advanced  vocational 
education. 

Instruction  Outside  District. 
Sec.  1297.     May   be   furnished,   when.     The  board   of 
school  directors  of  a  town  district  not  maintaining  a  junior  or 
senior  high  school,  or  in  which  there  is  not  an  approved  academy 

39 


as  provided  by  the  second  and  fourth  preceding  sections,  may, 
subject  to  the  approval  of  the  state  board  of  education,  arrange 
for  the  first  two  years'  instruction  of  its  junior  and  senior  high 
school  pupils,  or  either,  outside  the  district. 

Vocational  Courses. 

Sec.  1298.  To  be  maintained;  courses;  requirements 
for  admission.  Junior  and  senior  high  schools  shall  include 
within  their  courses  of  study,  in  accordance  with  such  directions 
and  regulations  as  to  courses,  teachers  and  equipment  as  'the 
state  board  of  education  through  the  commissioner  of  education 
may  prescribe,  vocational  courses  in  one  or  more  of  the  following 
subjects:  agriculture,  manual  arts,  commercial  subjects  or  domes- 
tic science,  appropriate  to  the  needs  and  environment  of  the 
particular  school  and  for  pupils  between  the  ages  of  twelve  and 
sixteen  years.  In  the  senior  high  schools,  such  course  or  courses 
shall  be  maintained  in  connection  with  the  four-year  junior 
course.  In  connection  with  the  two-year  senior  course  of  a 
senior  high  school,  there  shall  be  maintained  advanced  vocational 
courses  in  the  above  mentioned  subjects,  appropriate  for  pupils 
qualified  for  admission  thereto.  Said  board  shall  prescribe  the 
requirements  for  admission  to  the  vocational  courses  and  shall 
supervise  such  courses  and,  for  vocational  courses  in  senior  high 
schools,  shall  appoint  the  teachers  therefor. 

Expenses  and  Appropriation. 

Sec.  1299.  Borne  by  districts;  reimbursement  by 
state.  The  expense  of  maintaining  vocational  courses  in  junior 
high  schools  shall  be  borne  by  the  districts  in  which  such  schools 
are  respectively  located;  and  the  state  board  of  education  shall 
annually,  from  the  funds  hereinafter  provided,  apportion  such 
sum  to  reimburse  such  districts  for  such  expense  as  will  tend 
fairly  to  equalize  the  facilities  afforded  by  such  courses  and  the 
burden  of  maintaining  the  same. 

Sec  1300.  Vocational  courses;  expense  apportioned. 
The  expense  of  maintaining  vocational  courses  in  senior  high 
schools  shall  annually  be  apportioned  by  the  state  board  of  educa- 
tion between  the  state  and  the  town  districts  served  by  such 
schools,  and  among  such  districts  in  such  manner  as  will  tend  fairly 
to  equalize  the  facilities  offered  by  such  courses  and  the  burden 
of  maintaining  the  same. 

Sec.  1301.  Land  provided  by  state.  The  state  board  of 
education  may  provide  for  use  in  connection  with  such  schools 
such  land  as  may  be  required  for  suitable  instruction  in  gardening 
and  other  appropriate  study  in  agriculture. 

Sec.  1302.  Funds  available;  how  used.  Five  thousand 
dollars  of  the  moneys  annually  available  for  the  use  of  the  board 
of  education  shall  be  used  for  the  purpose  of  carrying  out  the  pro- 
visions of  the  three  preceding  sections.  Any  unexpended  bal- 
anceof  such  moneys  shall  every  year  be  paid  into  the  permanent 
school  fund. 

40 


CHAPTER  61A. 

Unorganized  Towns  and  Gores. 

Sec.  1303.  Supervisors'  duties.  Supervisors  for  unor- 
ganized towns  and  gores  shall  perform  all  the  duties,  have  all  the 
authority  and  be  subject  to  all  the  liabilities  of  school  directors 
and  truant  officers,  as  to  all  matters  pertaining  to  schools  in  their 
respective  unorganized  towns  or  gores. 


CHAPTER  62. 

FEDERAL  AID  FOR  VOCATIONAL  EDUCATION. 

Sec.  1304.  State  board,  powers  of.  The  board  within 
this  state  to  cooperate  with  the  federal  board  of  vocational  edu- 
cation shall  be  the  state  board  of  education.  Said  board  shall 
have  all  necessary  power  to  cooperate  with  said  federal  board  in 
the  administration  of  an  act  of  Congress,  entitled  "An  act  to  pro- 
vide for  the  promotion  of  vocational  education;  to  provide  for 
cooperation  with  the  states  in  the  promotion  of  such  education  in 
agriculture  and  the  trades  and  industries;  to  provide  for  coopera- 
tion with  the  states  in  the  preparation  of  teachers  of  vocational 
subjects,"  approved  February  twenty-third,  nineteen  hundred 
and  seventeen. 

Sec.  1305.  Custodian  of  funds.  The  state  treasurer 
is  hereby  designated  as  custodian,  for  the  purposes  of  said  act, 
to  receive  and  provide  for  the  proper  custody  of  moneys  paid  to 
the  state  from  the  appropriations  of  the  federal  government  for 
vocational  education. 


CHAPTER  63. 
REGISTERS  AND  RETURNS. 

Registers. 

Sec.  1306.  Form;  prescribed  by  whom.  The  commis- 
sioner of  education  shall,  with  the  approval  of  the  state  board  of 
education,  prescribe  and  procure  blank  forms  for  a  school  register 
for  keeping  a  record  of  the  daily  attendance  of  pupils  and  con- 
taining printed  forms  of  teachers'  contracts,  and  interrogatories 
for  procuring  statistical  and  other  information  from  teachers  and 
school  officers. 

Sec.  1307.  Transmitted  to  superintendents;  delivered 
to  teachers.  Said  commissioner  shall  annually,  in  the  month  of 
June,  transmit  to  each  superintendent  a  sufficient  number  of 

41 


such  registers  to  supply  the  needs  of  the  schools  under  his  super- 
vision. ,  Said  superintendent  shall  thereupon  assign  a  register 
to  each  school  and  the  same  shall  be  the  register  for  such  school 
for  the  following  school  year;  and,  within  ten  days  before  the 
opening  of  each  term  of  school,  said  superintendent  shall  deliver 
the  assigned  register  to  the  teacher  of  the  school. 

Sec.  1308.  Teacher's  duties.  The  teacher  to  whom  a 
register  is  delivered,  shall  keep  therein,  in  the  prescribed  form, 
a  record  of  the  daily  attendance  of  each  pupil,  enter  therein  cor- 
rect answers  to  the  interrogatories  addressed  to  teachers,  and 
shall  deliver  such  register  to  the  superintendent  at  the  end  of 
each  term. 

Sec.  1309.  Examinations  by  superintendent;  correct- 
ness certified;  salary  withheld,  when.  The  superintendent 
shall,  at  the  end  of  each  term,  examine  the  register  of  each  school, 
and,  if  it  is  properly  filled  out  and  certified  by  the  teacher,  he 
shall  give  written  notice  thereof  to  the  chairman  of  the  board  of 
school  directors.  An  order  shall  not  be  drawn  for  the  payment 
of  the  salary  of  a  teacher  for  the  month  next  preceding  the  close 
of  the  term,  unless  such  notice  is  received. 

Sec  1310.  Superintendent's  duties.  Said  superinten- 
dent shall  enter  in  each  register  correct  answers  to  the  interroga- 
tories addressed  to  him,  the  name  of  the  teacher  or  teachers  of  the 
school  during  the  year  for  which  the  register  was  kept  and  the 
date  and  character  of  the  certificate  held  by  the  teacher  or  teach- 
ers, and  shall  certify  to  the  correctness  of  such  entries.  Said 
superintendent  shall,  on  or  before  the  third  day  of  July,  file  each 
register  so  completed  in  the  office  of  the  town  clerk  of  the  town 
in  which  such  school  is  maintained. 

Returns. 

Sec  1311.  Town  clerk's  duties.  Each  town  clerk  shall 
annually,  on  or  before  the  tenth  day  of  July,  and  at  such  other 
times  as  the  commissioner  of  education  directs,  make  out  and 
return  to  him  such  statistics  as  he  requires,  and  said  commissioner 
shall  receipt  therefor.  Such  statistics  shall  be  made  out  upon 
blanks  which  said  commissioner  shall  furnish. 

Sec  1312.  Compensation.  Each  town  clerk  shall,  upon 
presentation  of  such  receipt  from  said  commissioner,  receive  from 
the  town  treasurer  three  cents  for  each  legal  pupil  in  the  town 
and  the  same  shall  be  paid  outof  the  general  funds  of  the  town;  but 
such  compensation  shall  not  be  more  than  twenty  dollars  nor  less 
than  three  dollars. 


42 


CHAPTER  64. 

MEDICAL  INSPECTION. 

Sec.  1313.     Medical  inspector  appointed,  when.     The 

board  of  school  directors  shall  appoint  one  or  more  medical  in- 
spectors for  the  schools  in  the  town  district,  provided  the  legal 
voters  of  such  district,  at  the  annual  town  meeting,  instruct  said 
directors  so  to  do.  The  compensation  of  such  inspectors  shall  be 
fixed  by  said  board  and  paid  by  such  district. 

No.  56,  Acts  of  1921. 

Section  1.  In  a  town  which,  pursuant  to  the  provisions  of 
section  one  thousand  three  hundred  and  thirteen  of  the  General 
Laws,  has  voted,  or  shall  vote  to  have  medical  inspection  of 
schools,  it  shall  not  be  necessary  to  thereafter  annually  vote  upon 
the  question,  but  such  inspection  shall  be  continued  until  the 
town,  at  any  regular  or  special  meeting  duly  warned  for  that 
purpose,  votes  to  discontinue  such  inspection. 

Sec  1314.  Duties  of  inspectors.  Said  inspectors  shall 
examine  the  pupils  of  such  schools  and  comply  with  all  rules  and 
regulations  which  shall  be  prescribed  by  the  state  board  of  health 
relating  thereto. 

Sec.  1315.  Same.  Said  inspectors  shall,  under  such  rules 
and  regulations,  examine  the  pupils  of  any  private  school  located 
in  such  district,  when  requested  so  to  do  by  the  principal  thereof, 
or  when  any  communicable  disease  is  present  in  such  district, 
or  when  the  pupils  thereof  may  have  been  exposed  to  any  such 
disease. 

Sec  1316.  Pupil  examined  by  physician,  when.  If  a 
person  having  control  of  a  pupil  desires  that  such  pupil  shall  be 
examined  by  a  physician  instead  of  by  a  medical  inspector,  such 
privilege  shall  be  granted  on  written  demand  made  to  said  board; 
and  such  examination  shall,  when  so  made  and  certified  to  by 
such  physician,  be  in  lieu  of  that  made  by  an  inspector,  but  such 
examination  shall  be  without  expense  to  such  district. 

Sec  1317.  Medical  inspector  denned.  The  words 
"medical  inspector"  as  used  in  this  chapter  shall  mean  either  a 
licensed  physician  or  a  trained  nurse. 

CHAPTER  65. 

TESTING  SIGHT  AND  HEARING. 

Sec  1318.  Equipment  furnished.  The  state  board  of 
health  and  the  commissioner  of  education  shall  prepare  suitable 
test  cards,  blanks,  record  books  and  other  needed  apparatus  to 

43 


be  used  in  testing  the  sight  and  hearing  of  pupils  in  the  public 
schools,  and  the  necessary  instructions  for  their  use.  Said  com- 
missioner shall  furnish  the  same  free  of  charge  to  every  public 
school. 

Sec.  1319.  Superintendent's  and  teachers'  duties. 
The  superintendent  shall,  in  the  month  of  September  of  every 
even  year,  cause  the  teachers  of  the  schools  under  his  supervision, 
to  test  the  sight  and  hearing  of  every  pupil  seven  years  of  age 
and  older  in  such  schools,  to  keep  a  record  of  such  tests  according 
to  the  instructions  furnished,  notify  in  writing  the  person  having 
control  of  a  pupil  who  is  found  to  have  a  defect  of  vision,  or  hear- 
ing or  a  disease  of  the  eyes  or  ears,  with  a  brief  statement  of  such 
defect  or  disease,  and  to  report  the  result  of  such  test  to  said  super- 
intendent, who  shall  report  such  results  to  the  commissioner  of 
education.  Said  superintendent  shall  also  cause  said  teachers  to 
test  the  sight  and  hearing  of  pupils  becoming  seven  years  of  age, 
and  at  any  time,  the  sight  and  hearing  of  any  pupil  apparently 
defective;  and  records,  notices  and  reports  of  such  tests  shall  be 
made  as  herein  provided. 

Sec.  1320.  Appropriation.  The  auditor  of  accounts 
shall  draw  an  order  for  such  sums  and  at  such  times  as  said  com- 
missioner, with  the  approval  of  the  state  board  of  health,  may 
require  to  carry  out  the  provisions  of  this  chapter,  but  the  total 
amount  so  drawn  shall  not  exceed  six  hundred  dollars  in  any 
biennial  period. 

Sec.  1321.  Duties  of  medical  inspector.  The  duties 
required  of  teachers  under  the  provisions  of  this  chapter  shall,  in 
a  district  having  a  medical  inspector  as  provided  by  section  one 
thousand  three  hundred  and  thirteen,  be  performed  by  said 
inspector. 

CHAPTER  66. 

FIRE  DRILLS. 

Sec.  1322.     Duties  of  principal  or  person  in  charge. 

The  principal  or  person  in  charge  of  a  public  or  private  school  or 
educational  institution,  other  than  a  university  or  college,  shall 
drill  the  pupils  so  that  they  may  be  able  to  leave  the  school 
building  in  the  shortest  possible  time  and  without  panic  or  con- 
fusion. Such  drills  shall  be  held  at  least  once  in  each  month, 
when  such  school  or  institution  is  in  session. 

Sec.  1323.  Penalty.  A  principal  or  person  in  charge  of 
such  a  school  or  institution  who  wilfully  neglects  to  comply  with 
the  provisions  of  the  preceding  section  shall  be  fined  not  more 
than  twenty  dollars. 

Sec.  1324.  This  chapter  printed  in  registers.  This 
chapter  shall  be  printed  in  every  register  supplied  for  use  in  the 

44 


public  schools  and  in  such  manuals  or  handbooks  as  may  be 
prepared  for  the  guidance  of  teachers  in  a  school  or  institution 
subject  to  the  provisions  of  this  chapter. 


PART  IV. 
SCHOOL  PROPERTY  AND  EQUIPMENT. 

Chapter  67. — School  buildings  and  equipment. 
Chapter  68. — Taking  land  for  school  purposes. 


CHAPTER  67. 

SCHOOL  BUILDINGS  AND  EQUIPMENT. 

School  Buildings. 

Sec.  1325.  Duties  of  town  district.  Each  town  dis- 
trict shall  provide,  furnish,  maintain  and  control  schoolhouses 
suitable  for  schools  under  the  provisions  of  this  title.  The  board 
of  school  directors  shall,  when  so  authorized  by  the  town  district, 
have  power  to  lease  or  purchase  buildings  or  sites  for  school- 
houses,  locate  and  erect  schoolhouses,  and  sell  or  otherwise  dis- 
pose of  schoolhouses  or  sites  for  same,  and  for  such  purposes  a 
district  may  raise  a  tax  on  its  grand  list. 

Sec  1326.  United  States  flag.  Said  board  shall  cause 
to  be  erected  on  each  school  house,  or  on  the  premises  belonging 
thereto,  a  suitable  flagpole,  and  shall,  while  the  school  is  in  session, 
at  such  times  as  it  directs,  cause  a  United  States  flag,  which  shall 
not  be  lettered  or  marked  in  any  way,  to  be  displayed  thereon. 
A  person  who  violates  a  provision  of  this  section  shall  be  fined  not 
more  than  ten  dollars. 

Equipment. 

Sec  1327.  Duties  of  directors.  Said  board  shall  select 
and  provide  all  textbooks,  appliances  and  supplies  required  for 
use  in  the  elementary  schools  and  for  pupils  taking  the  first  two 
years  of  the  junior  or  senior  high  school  course,  in  the  town  dis- 
trict; and  the  same  shall  be  paid  for  by  such  district.  The  selec- 
tion of  such  textbooks,  appliances  and  supplies  shall  be  subject 
to  the  approval  of  the  superintendent  of  the  schools  of  such  dis- 
trict. Said  board  shall  provide  non-resident  pupils  attending 
such  schools  with  the  necessary  textbooks,  appliances  and  supplies 
under  such  regulations  as  the  state  board  of  education  shall  pre- 

45 


scribe.  Said  board  of  directors  shall  make  such  rules  and  regula- 
tions as  it  deems  proper  for  care  and  custody  of  textbooks,  ap- 
pliances and  supplies  provided  Dy  it. 

Sec.  1328.  Liability  for  damage  of  person  having  con- 
trol of  pupil.  The  person  having  the  control  of  a  pupil  shall 
be  liable  to  the  town  district  for  damage  occasioned  by  the  loss, 
destruction  or  unnecessary  injury  or  detention  by  such  pupil  of 
a  textbook  or  appliance  loaned  such  pupil,  to  be  recovered  in  an 
action  of  tort,  on  this  statute,  in  the  name  of  such  district.      • 

Sec.  1329.  No  gratuity  or  compensation;  penalty.  A 
member  of  the  state  board  of  education,  the  commissioner  of 
education,  a  superintendent,  a  principal  or  teacher  in  a  public 
school,  or  any  person  officially  connected  with  the  direction  of 
such  a  school,  shall  not,  directly  or  indirectly,  receive  any  gra- 
tuity or  compensation  for  recommending  or  procuring  the  adop- 
tion or  purchase  of  such  a  textbook,  appliance  or  supply.  A  per- 
son who  violates  a  provision  of  this  section  shall  be  fined  not  more 
than  one  hundred  dollars  nor  less  than  twenty-five  dollars. 

CHAPTER  68. 

i 

TAKING  LAND  FOR  SCHOOL  PURPOSES. 

Condemnation. 

Sec.  1330.  Procedure.  When  the  location  of  a  school- 
house  is  determined  and  land  for  such  schoolhouse  and  grounds 
in  connection  therewith  are  necessary,  or  when  a  town  district, 
an  incorporated  academy  or  other  institution  doing  secondary 
school  work  as  contemplated  in  section  1276  not  operated  for 
private  gain,  or  an  incorporated  school  district  votes  to  purchase 
additional  lands  as  necessary  for  agricultural  experimenting, 
athletic  or  other  school  purposes,  or  votes  to  procure  the  right  to 
lay  and  maintain  aqueducts  and  pipes  across  the  land  of  any  per-' 
son  when  the  public  good  and  necessity  require  a  new  or  addition- 
al supply  of  water  for  use  of  a  schoolhouse,  if  the  owner  refuses  to 
convey  the  same  to  such  district  or  incorporated  academy  for  a 
reasonable  price,  the  selectmen  of  the  town,  or  the  selectmen  of 
a  town  adjoining  an  unorganized  town  or  gore  in  which  such  loca- 
tion has  been  determined,  shall,  on  the  application  of  the  board 
of  school  directors  or  prudential  committee,  or  clerk  of  said  in- 
corporated academy,  as  the  case  may  be,  set  out  the  necessary 
land  or  rights  and  cause  the  same  to  be  surveyed,  and  thereupon 
the  same  proceedings  shall  be  had  as  provided  by  sections  four 
thousand  one  hundred  and  sixty  to  four  thousand  one  hundred 
and  sixty-six,  both  inclusive,  for  taking  lands  for  town  purposes, 
and  the  provisions  of  such  sections  shall  apply  to  a  school  dis- 
trict or  incorporated  academy  desiring  to  take  lands  or  to  procure 

46 


rights  for  the  purposes  aforesaid;  provided,  however,  that  said 
board  of  school  directors  or  prudential  committee  or  the  trustees 
or 'governing  officers  of  said  academy  shall  have  the  power  in 
lieu  of  the  selectmen  to  refer  the  question  of  damages  as  provided 
in  section  four  thousand  one  hundred  and  sixty-three;  and,  pro- 
vided, further,  that  all  notices  and  petitions  shall  be  served  on  the 
clerk  of  such  district  or  the  clerk  of  such  academy  in  lieu  of  on 
the  town  clerk  as  provided  in  such  sections.  When  the  damages 
finally  awarded  for  lands  or  rights  so  taken  are  paid  by  such  dis- 
trict or  academy  to  the  person  entitled  thereto,  title  to  such  lands 
or  rights  shall  vest  in  the  district  or  academy  for  the  purposes 
aforesaid. 

No.  102,  Acts  of  1921.  Building  Committee.  A  town 
or  a  town  school  district  at  any  regular  or  special  meeting  called 
for  that  purpose,  may  vote  to  place  the  construction  of  a  build- 
ing to  be  erected  for  public  purposes  under  the  general  super- 
vision and  control  of  a  building  committee. 


PART  V. 
FINANCIAL  SUPPORT  OF  SCHOOLS. 


CHAPTER  69. 

SCHOOL  TAXES  AND  FUNDS. 

Sec.  1331.  Grand  list.  The  grand  list  of  a  town  district 
shall  consist  of  one  per  cent  of  the  appraised  value  of  the  real  and 
personal  estate  taxable  therein,  added  to  the  taxable  polls  therein. 

Sec.  1332.  School  tax  to  be  voted  specifically;  rate. 
Each  town  district  shall,  at  each  annual  town  district  meeting, 
vote  such  sum  of  money  as  it  deems  necessary  for  the  support  of 
schools  therein  and  shall  express  in  its  vote  the  specific  sum  or 
rate  per  cent  on  a  dollar  of  its  grand  list.  The  sum  so  voted  shall 
not  be  less  than  seventy-five  cents  on  a  dollar  of  its  grand  list, 
and  a  district  raising  a  less  sum  shall  not  be  entitled  to  any  moneys 
apportioned  by  the  state  board  of  education  except  aid  for  super- 
vision. 

Sec  1333.  Duties  of  town  treasurer.  The  town 
treasurer  shall,  by  virtue  of  his  office,  be  the  treasurer  of  the  town 
district  and  shall  keep  a  separate  account  of  the  moneys  appro- 
priated or  given  for  the  use  of  the  schools  of  the  town  district, 
and  shall  pay  out  of  such  moneys  orders  drawn  by  the  board  of 

47 


school  directors;  and  if  he  does  not  pay  any  such  order  on  demand, 
the  holder  thereof  may  recover  the  amount  from  the  town  dis- 
trict, with  interest  from  the  time  of  such  demand. 

Sec.  1334.  Annual  report.  Said  treasurer  shall  report 
at  each  annual  district  meeting  the  amount  of  moneys  received 
for  school  purposes,  the  source  from  which  received  and  how  the 
same  has  been  expended. 

Sec.  1335.  Superintendent's  duties.  The  superin- 
tendent shall  ascertain  whether  the  provisions  of  this  chapter 
relating  to  the  raising  of  money  by  the  town  district  and  the  ex- 
penditure of  same  for  the  support  of  the  schools  under  his  charge 
are  complied  with;  and,  in  case  of  non-compliance,  he  shall  notify 
the  state  board  of  education. 

Town  School  Fund. 

Sec.  1336.  Selectmen's  duties.  The  selectmen  shall 
have  charge  of  the  real  and  personal  estate  appropriated  to  the 
use  of  the  schools  in  the  town  unless  otherwise  provided,  or  unless 
the  person  giving  a  part  thereof  directs  the  same  to  be  managed 
in  some  other  way,  and  shall  annually  render  an  account  to  the 
town.  Said  selectmen  shall  lease  such  lands,  and  loan  such 
moneys  on  annual  or  semiannual  interest  upon  sufficient  real 
estate  or  personal  security  in  this  state. 

Sec.  1337.  Same.  The  securities  for  the  payment  of  the 
money  so  loaned  and  the  interest  thereon  shall  be  taken  in  the 
name  of  the  town;  and  the  selectmen  may,  in  the  name  of  the 
town,  prosecute  and  defend  actions  for  the  recovery  or  protection 
of  the  estate  so  intrusted  to  their  care.  If  the  title  or  possession 
of  real  estate  mortgaged  or  deeded  as  security  is  recovered  in 
such  action,  the  selectmen  may,  in  the  name  of  the  town,  lease 
or  sell  and  convey  such  real  estate,  and  invest  the  moneys  re- 
ceived therefrom  as  provided  in  the  preceding  section. 

Sec.  1338.  Acknowledgments.  A  person  qualified  so 
to  do  may  take  the  acknowledgment  of  a  deed  provided  for  in  the 
two  preceding  sections,  or  may  sign  such  deed  as  witness,  al- 
though he  is  an  inhabitant  and  taxpayer  of  the  town. 

Sec.  1339.  Securities;  division  of  income.  The  se- 
curities belonging  to  the  town  school  fund  shall  be  deposited  in 
the  office  of  the  town  treasurer,  to  be  kept  by  him  in  the  fire  proof 
safe  or  vault  of  the  town,  and  moneys  received  on  account  of  the 
same  together  with  moneys  received  as  rents  of  lands  granted  as 
glebes  shall  be  paid  into  such  treasury  and  a  separate  account 
thereof  shall  be  kept  on  the  books  of  the  treasurer.  The  select- 
men shall  annually,  on  or  before  September  first,  draw  an  order 
in  favor  of  the  town  district  treasurer  for  the  moneys  received 
under  the  provisions  of  this  and  the  third  preceding  section  except 
where  there  is  an  incorporated  school  district  within  the  town; 

48 


in  which  case,  the  selectmen  shall  divide  such  moneys  as  provided 
in  the  following  section  and  draw  orders  in  favor  of  the  treasurers 
of  the  respective  districts  in  accordance  therewith. 

Sec.  1340.  Division  of  school  moneys;  legal  school. 
If  an  incorporated  school  district,  or  part  of  such  a  district,  exists 
in  a  town,  all  revenue  from  bequests,  funds  or  public  lands,  not 
otherwise  specifically  disposed  of  by  will,  grant  or  act  of  the  gen- 
eral assembly,  but  devoted  to  the  public  schools  of  such  a  town, 
shall  annually,  on  or  before  the  first  day  of  September,  be  divided 
by  the  selectmen  between  the  town  district  and  the  incorporated 
school  district  according  to  the  number  of  legal  schools  main- 
tained in  each  during  the  preceding  school  year  as  certified  by 
the  state  board  of  education  as  herein  provided,  and  the  portion 
of  the  revenue  received  by  each  district  shall  be  credited  to  the 
school  funds  of  that  district.  The  state  board  of  education  shall 
annually,  on  or  before  the  first  day  of  August,  certify  to  the  town 
clerk  of  each  town  in  which  there  is  an  incorporated  school  dis- 
trict or  a  part  of  such  a  district,  as  to  the  number  of  legal  schools 
in  the  town  district  and  in  the  incorporated  school  district  or  part 
thereof  during  the  preceding  school  year.  For  the  purposes 
of  this  section,  a  legal  school  shall  be  one  maintained  for  the  re- 
quired number  of  weeks,  having  an  average  attendance  during 
such  year  of  not  less  than  six  legal  pupils,  taught  by  a  duly  quali- 
fied and  certificated  teacher  and  the  register  of  which  has  been 
kept,  as  provided  by  the  provisions  of  this  title. 

Sec.  1341.  Statement.  Said  selectmen  shall  annually, 
in  the  month  of  September,  after  they  have  made  the  division 
of  the  public  money  as  provided  in  the  preceding  section,  lodge 
with  the  town  clerk  a  written  statement  of  the  amount  so  divided. 

Sec.  1342.  Forfeiture.  A  selectman  who  knowingly 
distributes  public  money  to  an  incorporated  school  district  not 
entitled  thereto,  shall  forfeit  to  the  town  one  hundred  dollars  to 
be  recovered  in  an  action  of  tort,  on  this  statute. 

United  States  Deposit  Money. 

Sec.  1343.     Depository;  apportionment;  census.     The 

state  treasurer  shall  receive  moneys  belonging  to  the  United  States 
to  be  deposited  with  this  state,  and  give  a  certificate  of  deposit 
for  the  same  according  to  law.  Such  moneys  shall  be  apportioned 
to  the  several  towns  in  proportion  to  the  number  of  inhabitants 
in  each.  When  a  census  is  taken  under  the  laws  of  Congress  or 
of  this  state,  a  new  apportionment  shall  be  made.  If  upon  such 
new  apportionment,  it  appears  that  a  town  has  more  than  its 
share,  the  state  treasurer  shall  demand  and  recover  from  such 
town  such  excess;  and  if  a  town  has  less  than  its  share,  said  treas- 
urer shall  not  make  up  the  deficiency. 

Sec.  1344.  Bond;  vacancy.  The  trustees  of  public 
money  shall,  before  entering  upon  the  duties  of  their  office,  exe- 

49 


cute  a  bond  to  the  town  with  sufficient  sureties,  in  such  sum  as 
the  selectmen  direct,  conditioned  for  the  faithful  performance  of 
their  duties  in  loaning,  managing,  accounting*  for  and  paying 
over,  as  may  be  required  by  law,  the  moneys  placed  in  their 
charge.  If  a  trustee  fails  to  execute  such  bond,  his  office  shall  be 
vacant,  and  such  vacancies  may  be  filled  as  vacancies  in  other 
town  offices. 

Sec.  1345.  Liability  of  town.  If  a  town  has  received 
its  portion  of  deposit  money,  it  shall  be  accountable  for  the  same 
when  required  by  the  state  treasurer  on  requisition  of  the  United 
States,  or  for  the  purposes  of  a  new  apportionment,  as  a  town  is 
accountable  for  state  taxes. 

Sec.  1346.  Duties  of  state  treasurer.  The  state  treas- 
urer, in  the  collection  of  the  United  States  deposit  money  loaned 
by  former  treasurers,  shall  adjust  and  settle  the  same  as  is  for 
the  interest  of  the  state. 

Permanent  School  Fund. 

Sec.  1347.     How  constituted ;  investment.     The  sum  of 

two  hundred  and  forty  thousand  dollars  returned  by  the  national 
government  to  the  state  in  settlement  of  the  civil  war  claims, 
the  Huntington  fund,  the  school  fund  of  eighteen  hundred  and 
twenty-five  of  two  hundred  thirty-four  thousand  and  nine  hun- 
dred dollars  and  forty-four  cents,  the  United  States  deposit 
money,  and  such  other  additions  as  may  be  made  to  the  fund 
hereby  established,  shall  be  held  intact  and  in  reserve  in  the  state 
treasury  as  the  permanent  school  fund  but  shall  be  subject  to  the 
order  of  the  trustees  of  the  permanent  school  fund  for  investment. 

Sec.  1348.  Trustees;  term  of  office;  appointment. 
The  trustees  of  the  permanent  school  fund  shall  consist  of  three 
persons.  The  trustees  appointed  in  the  year  nineteen  hundred 
and  fifteen  shall  hold  office  for  the  period  designated  in  their  com- 
missions, respectively.  The  governor  shall  biennially,  in  the 
month  of  January,  appoint  one  trustee  whose  term  of  office  shall 
be  six  years.     The  governor  may  remove  a  trustee  from  office. 

Sec.  1349.  Organization;  meetings;  record.  Said  trus- 
tees shall  organize  by  the  election  of  a  chairman  and  a  secretary, 
at  a  meeting  to  be  held  in  the  state  capitol  at  two  o'clock  in  the 
afternoon  on  the  second  Tuesday  of  February  in  each  biennial 
year,  or  at  an  adjournment  thereof,  or  at  a  special  meeting  duly 
called  if  the  organization  is  not  then  completed.  Vacancies  in 
such  offices  may  be  filled  at  a  regular  meeting  or  at  a  special  meet- 
ing called  for  that  purpose.  Regular  meetings  shall  be  held  at 
such  times  and  places  as  said  trustees  by  vote  determine.  On  the 
request  of  a  trustee,  the  secretary  shall  call  a  special  meeting  by 
notice  in  writing  mailed  to  each  trustee  at  least  three  days  before 
such  meeting,  but  the  trustees  may  act  without  notice  of  a  special 
meeting  when  all  are  present.     Said  secretary  shall  keep  a  record 

*See  Sec.  4013. 

50 


of  the  proceedings  of  the  trustees,  recording  in  detail  the  proceed- 
ings relating  to  investment,  income,  distribution  and  management 
of  the  permanent  school  fund.* 

Sec.  1350.  Duties  of  trustees.  Said  trustees  shall,  by- 
unanimous  action,  make  all  investments  of  the  permanent  school 
fund  and  designate  depositories  therefor,  and  shall  execute  all 
checks,  orders,  transfers  or  releases  of  securites,  and  do  all  things 
necessary  for  the  proper  management  of  the  assets  and  income 
of  such  fund.  Said  trustees  shall  invest  the  permanent  school 
fund  in  the  following  named  securities  only:  United  States 
bonds,  state  bonds,  bonds  of  cities  and  school  districts  located  in 
the  United  States  and  having  a  population  of  over  twenty  thou- 
sand, and  bonds  of  towns,  cities  and  villages  in  this  state  whose 
total  indebtedness  does  not  exceed  five  times  the  amount  of  the 
grand  list.  All  purchases  and  sales  of  securities  shall  be  made 
by,  and  all  securities  shall  be  taken  in  the  name  of,  and  so  far  as 
possible  made  payable  to,  the  trustees  of  the  permanent  school 
fund  and  shall  be  deposited  with  the  state  treasurer.  Said  trus- 
tees may  receive  gifts,  bequests  or  additions  to  such  permanent, 
school  fund.  Said  trustees  shall,  on  receipt  of  income  from  the 
permanent  school  fund,  pay  the  same  to  the  state  treasurer,  and 
same  shall  become  a  part  of  the  consolidated  school  fund  herein- 
after provided  for. 

Sec.  1351.  Compensation.  Said  trustees  shall  not  re- 
ceive compensation  for  their  services,  but  shall  be  paid  their 
necessary  expenses  incurred  in  the  performance  of  their  duties. 

Sec.  1352.  Huntington  fund.  The  state  shall,  as  herein 
provided,  pay  to  the  trustees  of  the  permanent  school  fund  two 
hundred  eleven  thousand  and  one  hundred  thirty-one  dollars 
and  forty-six  cents  of  the  Huntington  fund,  and  the  same  shall 
be  added  to  the  permanent  school  fund.  The  state  treasurer 
shall  issue  to  said  trustees  a  certificate  of  the  registered  loan  of 
the  state  for  such  amount  which  shall  be  redeemable  at  the  treas- 
urer's office  on  the  first  day  of  July,  nineteen  hundred  and  twenty- 
five,  and  on  which  the  interest  shall  be  six  per  cent  per  annum  and 
payable  annually  on  the  first  day  of  July.  Such  interest  shall  be 
used  in  the  same  manner  as  other  income  from  the  permanent 
school  fund. 

Sec.  1353.  School  fund  of  1825.  The  state  shall,  as 
herein  provided,  pay  to  the  trustees  of  the  permanent  school  fund 
two  hundred  thirty-four  thousand  and  nine  hundred  dollars  and 
forty-four  cents  of  the  school  fund  of  eighteen  hundred  and 
twenty-five,  and  the  same  shall  be  added  to  the  permanent  school 
fund.  The  state  teasurer  shall  issue  to  said  trustees  a  certificate 
of  the  registered  loan  of  the  state  for  such  amount  which  shall  be 
redeemable  at  the  treasurer's  office  on  the  first  day  of  July,  nine- 
teen hundred  and  twenty-five,  and  on  which  the  interest  shall 

♦See  Sec.  4013. 

51 


be  four  per  cent  per  annum  and  payable  annually  on  the  first  day 
of  July.  Such  interest  shall  be  used  in  the  same  manner  as  other 
income  from  the  permanent  school  fund. 

Sec.  1354.  United  States  deposit  money.  All  United 
States  deposit  money  held  in  the  state  treasury  and  all  that  comes 
into  such  treasury  shall  be  held  in  the  treasury  as  a  part  of  the 
permanent  school  fund. 

Sec.  1355.  Loan  to  towns;  rate  of  interest;  collection. 
United  States  deposit  money  apportioned  and  loaned  to  a  town 
prior  to  December  fifteenth,  nineteen  hundred  and  six,  may,  sub- 
ject to  partial  payment  as  provided  in  section  one  thousand  three 
hundred  and  forty-three,  be  loaned  annually  by  the  trustees  of 
public  money  to  such  town,  with  interest  at  five  per  cent  per 
annum,  until  such  time  as  said  trustees  see  fit  to  collect  the  same, 
when  it  shall  be  paid  immediately  to  the  state. 

Sec.  1356.  Income.  The  income  from  the  United  States 
deposit  money  loaned  as  provided  in  the  preceding  section,  shall 
annually,  on  or  before  the  tenth  day  of  June,  until  such  loan  is 
paid,  be  paid  by  the  trustees  of  public  money  to  the  state  treas- 
urer, and  such  income  shall  be  used  in  the  same  manner  as  other 
income  from  the  permanent  school  fund. 

Sec.  1357.     Forfeiture  for  failure  to  pay  over  income. 

If  said  trustees  of  public  money  fail  to  pay  the  income  as  pro- 
vided in  the  preceding  section,  the  portion  of  the  consolidated 
school  fund  otherwise  payable  to  such  town  shall  be  forfeited  to 
the  state;  and  thereafter,  until  such  town  pays  all  sums  in  arrears 
with  interest  thereon  at  six  per  cent  per  annum,  it  shall  forfeit 
each  year  its  portion  of  the  consolidated  school  fund,  and  such 
forfeitures  shall  be  added  to  the  principal  of  the  permanent  school 
fund.  The  state  treasurer  shall,  on  or  before  the  tenth  day  of 
July,  notify  the  state  board  of  education  of  such  forfeitures;  and 
said  board  shall  forthwith  order  the  auditor  of  accounts  to  draw 
an  order  in  favor  of  said  trustees  of  the  permanent  school  fund 
for  an  amount  equal  to  such  town's  portion  of  the  consolidated 
school  fund,  and  shall  annually,  until  said  board  is  notified  that 
the  town  has  made  up  its  arrears  as  herein  provided,  order  said 
auditor  to  draw  an  order  in  favor  of  said  trustees  of  the  permanent 
school  fund  for  an  amount  equal  to  such  town's  portion  of  the 
consolidated  school  fund  otherwise  payable  that  year.  Such 
orders  shall  be  paid  out  of  the  consolidated  school  fund.  If  a 
town  pays  its  arrears  as  herein  provided,  said  treasurer  shall  so 
notify  said  board  of  education,  and  thereafter  such  town  shall  be 
entitled  to  its  portion  of  the  consolidated  school  fund. 

Sec.  1358.  Liability  of  trustees.  The  trustees  of  the 
permanent  school  fund  shall  be  accountable  for  such  part  of  the 
United  States  deposit  money  as  is  held  by  them,  when  required 
by  the  state  treasurer  on  requisition  of  the  United  States. 

52 


Sec.  1359.  Reports.  Said  trustees  shall  present  to  the 
general  assembly,  on  the  first  day  of  each  biennial  session,  a  report 
of  their  official  acts.  Such  report  shall  show,  as  of  the  thirtieth 
day  of  June  preceding,  the  amount  and  condition  of  the  perma- 
nent school  fund  and  the  securities  in  which  it  is  invested. 

Sec.  1360.  Audit  of  trustees'  account;  report.  The 
auditor  of  accounts  and  bank  commissioner  shall  annually,  on 
or  before  the  thirtieth  day  of  June,  audit  the  accounts  of  the 
trustees  of  the  permanent  school  fund  and  the  accounts  of  the 
state  treasurer  in  connection  with  such  fund,  examine  the  se- 
curities on  hand  and  certify  to  the  correctness  of  their  transac- 
tions and  the  condition  of  such  fund,  and  such  certificates  shall  be 
included  in  the  report  of  said  trustees  and  in  the  report  of  the 
state  treasurer. 

Sec.  1361.  Powers  to  receive,  hold  and  invest  gifts, 
bequests,  etc.  The  trustees  of  the  permanent  school  fund  are 
empowered  and  directed  to  receive,  hold  and  invest  any  fund 
that  may  be  given  to  them  by  deed  of  gift,  bequest  or  otherwise 
for  the  following  purposes : 

I.  For  general  educational  purposes; 

II.  For  special  purposes  of  educational  support  through 
scholarships; 

III.  For  the  physical  care  or  welfare  of  children  or  school 
pupils  described  in  such  bequest  or  deed  of  gift. 

Such  fund  may  be  for  the  benefit  of: 

A.  Some  particular  class  or  classes  of  children  or  pupils; 

B.  The  state  at  large,  or  for  given  localities  selected  in  the 
deed  of  gift  or  bequest  or  to  be  thereafter  selected. 

Sec.  1362.  How  held.  Such  funds  shall  be  received,  in- 
vested and  administered  in  accordance  with  the  terms  of  the  gift 
or  bequest,  and  if  such  terms  do  not  specify  the  manner  of  in- 
vesting such  fund,  the  funds  shall  be  invested  subject  to  the  pro- 
visions relating  to  investing  the  permanent  school  fund.  The 
securities  and  income  arising  from  such  gifts  and  bequests  shall 
be  held  by  the  state  treasurer  in  the  manner  that  the  securities 
and  income  of  the  permanent  school  fund  are  held  by  him. 

Sec.  1363.  .  To  be  approved  by  board  of  education. 
Said  trustees  shall  not  receive  in  trust  any  fund  until  the  state 
board  of  education  certifies  to  them  that  in  its  judgment  the  use 
specified  for  such  gift  is  for  the  public  interest. 

Sec.  1364.  Transfer  funds.  Said  trustees  shall,  from  time 
to  time,  transfer  portions  of  such  fund  or  the  income  thereof,  to  the 
state  board  of  education  to  be  expended  by  it; or  said  trustees  may 
make  such  transfers  to  persons  certified  to  them  by  said  board. 

Sec.  1365.  General  supervision  by  board  of  education. 
The  state  board  of  education  shall  supervise  the  use  of  funds  so 
given  or  bequeathed.  In  the  event  of  a  breach  of  trust  in  the  use 
of  such  gifts  or  bequests,  said  board  shall  take  the  necessary  steps 

53 


to  have  the  terms  of  the  gift  or  bequest  complied  with.  Said 
board  shall,  in  the  exercise  of  its  duties  of  supervision,  have  power 
to  investigate  the  use  of  such  funds  and  for  that  purpose  may  re- 
quire the  production  of  accounts,  books  and  vouchers  showing 
the  disbursement  thereof. 


State  School  Tax. 

Sec.  1366.  Rate.  A  tax  of  ten  cents  on  the  dollar  is 
hereby  annually  assessed  upon  the  grand  list,  exclusive  of  unor- 
ganized towns  and  gores,  for  the  support  of  public  schools. 

Sec.  1367.  Apportionment;  notice.  The  state  treas- 
urer shall  apportion  such  tax  to  the  several  towns  according  to 
their  respective  grand  lists  as  shown  by  the  list  prepared  annually 
by  the  commissioner  of  taxes  from  the  abstracts  of  the  grand  lists 
of  such  towns,  and  shall  annually,  on  or  before  the  first  day  of 
September,  make  out  and  transmit  to  each  town  treasurer  a  no- 
tice of  the  amount  so  apportioned  such  town  and  that  the  same 
must  be  paid  into  the  state  treasury  on  or  before  the  first  day  of 
October  following. 

Sec.  1368.     Duties  of  town  treasurer  and  selectmen. 

The  treasurer  shall,  upon  receipt  of  such  notice,  transmit  the 
same  to  the  selectmen  or  mayor,  who  shall  draw  an  order  on  the 
town  or  city  treasurer  for  the  amount  of  such  tax,  and  said  treas- 
urer shall  pay  the  same  into  the  state  treasury  out  of  any  money 
belonging  to  the  town  or  city.  If  the  funds  in  the  hands  of  said 
treasurer  are  not  sufficient  to  pay  such  amount,  the  selectmen  or 
mayor  shall  borrow  the  necessary  amount  upon  orders. 

Consolidated  School  Fund. 

Sec.  1369.  How  constituted.  The  income  of  the  per- 
manent school  fund,  receipts  from  the  state  school  tax,  and 
moneys  annually  available  for  educational  purposes  and  the 
moneys  covered  into  the  state  treasury  on  account  of  taxes  and 
fees  received  for  the  licensing  of  peddlers,  auctioneers,  circuses 
and  menageries  shall  constitute  the  consolidated  school  fund. 

Sec.  1370.  Same;  apportionment.  Such  consolidated 
school  fund  shall  be  apportioned  annually  by  the  state  board  of 
education  for  the  purposes  specified  in  the  following  section; 
provided,  however,  if  the  amount  specified  for  any  particular 
purpose  is  more  than  is  required  therefor,  the  excess  shall  be 
added  to  the  fund  apportioned  for  that  year  for  the  purpose  of 
equalizing  educational  opportunities  and  advantages;  and  pro- 
vided further  that  if  the  amount  so  specified  is  less  than  is  re- 
quired therefor,  said  board  may,  in  its  discretion,  use  for  that  pur- 
pose such  portion  of  such  equalizing  fund  as  may  be  necessary. 

54 


Sec.  1371.  Same;  detail.  Such  consolidated  school  fund 
shall,  subject  to  the  provisions  of  the  preceding  section  and  under 
regulations  which  shall  be  made  by  said  board,  be  apportioned 
as  follows : 

I.  For  general  administration  and  office  purposes  of  the 
state  board  of  education,  including  the  per  diem  and  expenses  of 
members,  clerical  assistance  and  salaries  and  expenses  of  the 
executive  officers  of  the  board,  twenty-four  thousand  dollars; 

II.  For  the  salaries  and  expenses  of  superintendents,  one 
hundred  and  ten  thousand  dollars; 

III.  For  the  training  of  teachers,  one  hundred  thousand 
dollars,  provided  that  if  the  amount  herein  specified  is  more  than 
is  required  in  any  year  therefor  the  excess  shall  be  added  to  the 
fund  apportioned  for  this  purpose  for  the  following  year. 

IV.  For  summer  schools,  educational  meetings  and  like 
supplementary  activities,  twenty-five  hundred  dollars; 

V.  For  the  transportation  and  board  of  pupils,  one  hundred 
thousand  dollars; 

VI.  For  the  partial  payment  of  the  salaries  of  teachers  of 
rural  schools,  as  provided  by  section  one  thousand  two  hundred 
and  eight,  one  hundred  and  ten  thousand  dollars; 

VII.  For  advanced  instruction  under  sections  one  thousand 
two  hundred  and  eighty-eight  and  one  thousand  three  hundred 
and  seventy-four,  sixty-five  thousand  dollars; 

VIII.  For  junior  and  senior  high  schools  under  chapter 
sixty-one,  ten  thousand  dollars; 

IX.  Repealed. 

X.  For  vocational  courses  as  provided  by  section  one 
thousand  two  hundred  and  seventy-eight,  five  thousand  dollars; 

XI.  For  agricultural  education  under  an  act  of  Congress, 
entitled  "An  act  to  provide  for  the  promotion  of  vocational  edu- 
cation; to  provide  for  cooperation  with  the  states  in  the  promo- 
tion of  such  education  in  agriculture  and  the  trades  and  indus- 
tries; to  provide  for  cooperation  with  the  states  in  the  preparation 
of  teachers  of  vocational  subjects;  and  to  appropriate  moneys 
and  regulate  its  expenditure,"  approved  February  twenty-third, 
nineteen  hundred  and  seventeen,  five  thousand  dollars; 

XII.  For  domestic  science  and  trade  education  under  an 
act  of  Congress,  entitled  "An  act  to  provide  for  the  promotion  of 
vocational  education;  to  provide  for  cooperation  with  the  states 
in  the  promotion  of  such  education  in  agriculture  and  the  trades 
and  industries;  to  provide  for  cooperation  with  the  states  in  the 
preparation  of  teachers  of  vocational  subjects;  and  to  appropriate 
moneys  and  regulate  its  expenditure, "approved  February  twenty- 
third,  nineteen  hundred  and  seventeen,  five  thousand  dollars; 

XIII.  For  boys'  and  girls'  agricultural  and  industrial  ex- 
positions, fifteen  hundred  dollars; 

55 


XIV.  The  balance  of  such  fund  for  the  purpose  of  aiding 
elementary  schools  in  rural  communities  and  for  the  purpose  of 
equalizing  educational  opportunities  and  advantages. 

Sec.  1372.  Payment.  The  auditor  of  accounts  shall 
draw  orders  to  such  persons  and  for  such  amounts  as  said  board 
shall  direct,  and  such  orders  shall  be  drawn  on  such  fund  and 
shall  not  exceed  during  any  school  year  the  amount  of  such  fund 
for  that  year. 

Sec.  1373.  Excess  payment,  how  recovered.  If  it  be- 
comes evident  to  the  auditor  of  accounts  or  the"  state  board  of 
education  that,  in  the  apportionment  or  distribution  of  state  aid 
for  any  school  year,  a  district  has  received  more  than  such  dis- 
trict was  legally  entitled  to  receive,  the  amount  of  such  excess 
shall  be  deducted  from  such  district's  apportionment  in  the  fol- 
lowing school  year  and  be  covered  into  and  become  a  part  of  the 
permanent  school  fund. 

No.  57,  Acts  of  1921.  Equipment  for  school  lunches. 
Section  1,  The  state  board  of  education  is  hereby  authorized 
to  reimburse  towns,  incorporated  school  districts  and  cities  to 
an  amount  not  to  exceed  fifty  per  cent  of  the  amount  expended  by 
a  town,  incorporated  school  district  or  city  in  installing  equip- 
ment and  facilities  for  furnishing  lunches  to  the  pupils  of  public 
schools  when  so  ordered  by  a  vote  of  the  school  directors.  The 
school  directors  may  make  such  rules  and  regulations  as  are 
necessary  to  carry  out  the  provisions  of  this  act. 

Sec.  2.  The  auditor  of  accounts  shall  issue  his  warrant  in 
favor  of  any  town,  incorporated  school  district  or  city  upon  pres- 
entation of  proper  vouchers,  to  reimburse  it  for  any  expense 
incurred  by  it  under  the  provisions  of  this  act. 


PART  VI. 
INCORPORATED  SCHOOL  DISTRICTS. 


CHAPTER  70. 

INCORPORATED  SCHOOL  DISTRICTS. 

Application  of  Laws. 

Sec  1374.  General  provisions.  The  provisions  of  this 
title  relating  to  the  administration  and  maintenance  of  public 
schools,  school  meetings  and  voting  therein,  to  grand  lists,  to 
the  raising  and  expending  of  school  moneys,  to  moneys  appor- 

56 


tioned  by  the  state  board  of  education,  to  sharing  in  other  state 
aid,  to  the  election,  appointment,  powers,  duties  and  liabilities 
of  school  officers,  to  elementary  and  higher  instruction,  to  trans- 
portation, board  and  attendance  of  pupils,  to  truancy  and  truancy 
officers,  to  furnishing  of  textbooks  and  appliances,  to  medical  in- 
spectors and  to  all  other  matters  pertaining  to  schools  in  a  town 
district,  shall,  unless  other  ise  provided,  and  if  not  inconsistent 
with  the  rights  granted  by  their  charters,  apply  to  schools  main- 
tained, similar  school  officers  and  all  matters  pertaining  to  schools 
in  corporated  school  districts. 

Officers. 

Sec.  1375.  Election;  term  of  office;  notice  to  town 
clerk;  vacancy.  An  incorporated  school  district  shall  also, 
at  each  annual  meeting,  elect  from  among  the  legal  voters  of  such 
district  a  moderator,  collector,  treasurer,  one  or  three  auditors 
and  may  elect  a  clerk.  All  school  officers  shall  enter  upon  their 
duties  on  the  first  day  of  July  following  their  election  or  appoint- 
ment, and  said  clerk  shall,  within  ten  days  after  his  election  or 
appointment,  give  notice  thereof  to  the  town  clerk.  A  vacancy 
occurring  in  the  office  of  clerk  of  an  incorporated  school  district 
caused  by  death,  resignation  or  otherwise  shall  be  filled  by  the 
prudential  committee  within  ten  days  after  such  vacancy  occurs. 

Sec.  1376.  Duties  of  officers;  bonds.  The  powers,  du- 
ties and  liabilities  of  the  collector,  treasurer,  auditors,  prudential 
committee  and  clerk  shall  be  like  those  of  a  town  collector,  treas- 
urer, auditors,  and  board  of  school  directors  and  clerk  of  same, 
respectively.  Said  collector  or  treasurer  shall,  before  entering 
upon  his  duties,  give  a  bond  to  the  district  conditioned  for  the 
faithful  performance  of  his  duties,  in  such  sum  as  may  be  required; 
and,  if  a  collector  or  treasurer  neglects  for  ten  days  to  give  a  bond 
as  required,  his  office  shall  be  vacant. 

Sec.  1377.  Moderator.  The  moderator  shall  preside 
at  district  meetings;  and,  in  his  absence,  a  moderator  pro  tem- 
pore shall  be  chosen  to  preside  at  such  meetings. 

Sec  1378.  Collector  of  taxes.  Said  district  may  elect 
the  collector  of  town  taxes,  although  not  an  inhabitant  of  the 
district,  to  be  collector  of  such  district,  if  he  will  accept  the  office 
in  writing,  and  such  acceptance  shall  be  recorded  by  said  clerk. 

Sec  1379.  Statistical  information.  The  prudential 
committee  shall  cause  the  principals  of  the  schools  in  the  district 
to  return  to  the  commissioner  of  education,  on  or  before  the  tenth 
day  of  July,  annually,  answers  to  the  statistical  inquiries  which 
may  be  addressed  to  them  by  the  commissioner  of  education. 

Sec  1380.  Vacancies.  When  a  vacancy  occurs  in  the 
office  of  a  district  officer  elected  by  the  district,  the  district  shall 
fill  the  vacancy  at  a  special  meeting. 

57 


Sec.  1381.  Books  and  papers  turned  over  to  succes- 
sor; penalty.  When  a  district  office  becomes  vacant  by  ex- 
piration of  the  term  of  office  of  the  incumbent  or  otherwise,  and  a 
successor  is  elected  or  appointed,  said  successor  shall,  on  demand, 
be  entitled  to  receive  the  books  and  papers  of  such  office  from  the 
last  incumbent  or  anyone  having  the  same  in  his  possession.  A 
person  having  such  books  or  papers  in  his  possession  who  refuses 
for  ten  days,  after  demand,  to  surrender  the  same  to  said  suc- 
cessor shall  be  fined  ten  dollars. 

Meetings. 

Sec.  1382.     Changing    time    of    annual    meeting.     A 

district  may,  if  it  so  votes  at  its  annual  meeting  on  the  first  Tues- 
day in  March,  fix  a  different  date  for  holding  its  annual  meetings, 
provided  such  date  is  not  earlier  than  May  first  nor  later  than 
June  thirtieth,  and  a  notice  of  the  proposed  change  shall  be  in- 
serted in  the  warning  of  the  annual  meeting  upon  the  written  re- 
quest of  ten  legal  voters  of  the  district.  Special  meetings  shall 
be  warned  on  the  application  of  three  voters  of  the  district. 

Sec.  1383.  Warnings.  School  meetings  shall  be  warned 
by  the  clerk,  or,  in  case  of  his  death,  absence  or  inability  to  act, 
by  the  prudential  committee,  by  posting  a  notice  thereof,  speci- 
fying the  time,  place  and  business  of  the  meeting,  in  two  public 
places  in  the  district,  at  least  seven  days  before  the  time  therein 
specified,  and  warnings  shall  be  recorded  before  being  posted. 

Sec.  1384.  Same;  penalty.  If  a  person  whose  duty  it 
is  to  warn  a  school  meeting  neglects  to  do  so  for  ten  days,  after 
application  made  as  hereinbefore  provided,  he  shall  forfeit  to  the 
district  twenty  dollars  for  each  ten  days'  neglect,  to  be  recovered 
in  an  action  of  tort,  on  this  statute. 

Sec  1385.  Eligibility  of  voters.  The  moderator,  clerk 
and  members  of  the  prudential  committee  shall  decide  all  ques- 
tions as  to  the  eligibility  of  a  person  to  vote  in  a  school  meeting. 

Sec  1386.  Records;  certified  copies;  penalty.  Said 
clerk  shall  keep  a  record  of  the  votes  and  proceedings  of  the  school 
district  meetings  and  give  certified  copies  thereof  when  required. 
A  clerk  who  neglects  to  perform  this  duty  shall  forfeit  twenty 
dollars  to  the  district,  to  be  recovered  in  an  action  of  tort,  on  this 
statute. 

Taxes. 

Sec  1387.  Assessment  and  collection.  The  prudential 
committee  shall  assess  a  tax  for  the  amount  voted  to  be  raised 
by  the  district  and  make  out  a  rate  bill  for  the  same.  A  justice 
of  the  county  in  which  such  district  is  situated,  shall,  on  appli- 
cation, make  out  a  warrant  directed  to  the  district  collector,  au- 
thorizing and  requiring  him  to  levy  and  collect  such  tax  within 

58 


the  time  limited  in  such  warrant  and  pay  the  same  to  the  district 
treasurer.  Said  committee  shall  have  the  same  authority  to  en- 
force collection  and  pajmient  of  such  tax  as  selectmen  have  in 
enforcing  collection  and  payment  of  town  taxes. 

Sec.  1388.  Collectors  duties;  penalty.  A  district  col- 
lector shall,  on  the  written  request  of  one  of  the  prudential  com- 
mittee, pay  to  the  district  treasurer  moneys  belonging  to  the  dis- 
trict collected  by  him  to  that  time,  and  submit  his  tax  book  and 
list  to  said  treasurer  for  inspection  and  computation;  and  a  col- 
lector 'who  neglects  so  to  do  for  ten  days  after  receiving  such  re- 
quest shall  forfeit  to  the  district  one  hundred  dollars  to  be  re- 
covered in  an  action  of  tort,  on  this  statute,  and  his  office  shall  be 
vacant. 

Sec.  1389.  Discount.  A  district  may,  at  the  time  of 
voting  a  tax,  direct  the  collector  to  deduct  a  per  cent  fixed  by  the 
vote,  from  the  tax  of  a  person  paying  before  a  day  fixed. 

Sec.  1390.  Duties  of  collector.  The  collector  of  a  tax 
from  which  a  deduction  may  be  made  as  provided  in  the  pre- 
ceding section,  shall  appoint  a  day  within  the  time  limited,  at  a 
place  within  the  district,  when  and  where  he  will  receive  such  tax, 
and  shall  post  a  notice  thereof  in  three  public  places  in  the  district 
and  publish  the  same  in  each  newspaper  printed  in  the  district, 
at  least  ten  days  before  the  time  appointed,  and  shall  attend  at 
the  time  and  place  appointed  to  receive  payment  of  such  tax. 

Sec.  1391.  Abatement  of  taxes.  The  officers  of  the 
district,  except  the  collector,  shall  be  a  board  for  the  abatement 
of  district  taxes,  and  said  board  shall  have  the  same  power  which 
the  board  for  the  abatement  of  town  taxes  has  in  the  abatement 
of  town  taxes.  The  prudential  committee,  on  request  of  the  col- 
lector, shall  call  a  meeting  of  said  board  in  the  month  of  February 
in  each  year,  by  posting  a  notice  thereof  in  three  public  places  in 
such  district  at  least  five  days  before  such  meeting. 

Sec.  1392.  Execution;  assessment  of  special  tax. 
When  a  demand  is  made  upon  a  district  for  the  payment  of  an 
execution  issued  against  it  and  the  district  has  no  available  funds 
to  pay  the  same,  the  prudential  committee  shall  forthwith  assess 
and  have  collected  a  tax  sufficient  to  pay  such  execution  and  the 
charges  and  twelve  per  cent  interest,  in  the  same  manner  as  the 
tax  voted  by  the  district  is  assessed  and  collected. 

Change  of  Boundaries. 

Sec.  1393.  Procedure.  If  it  appears  to  the  prudential 
committee  of  an  incorporated  school  district  that  the  boundaries 
of  such  district  should  be  changed  by  including  new  territory 
within  the  town  in  which  such  district  is  located,  or  by  excluding 
territory  that  is  in  such  district,  they  may  insert  an  article  fully 
describing  the  proposed  change,  in  the  warning  for  a  regular  or 
special  meeting  of  such  district . 

59 


Sec.  1394.  Same.  If  a  majority  of  the  voters  at  such 
meeting  vote  to  make  the  proposed  change  in  the  boundaries  of 
such  district,  said  prudential  committee  shall  notify  the  selectmen 
of  the  town  in  which  such  district  is  located  of  the  change  so 
voted  to  be  made;  whereupon  said  selectmen  shall  duly  warn  a 
meeting  of  the  town,  exclusive  of  such  incorporated  district, 
setting  forth  in  the  warning  the  vote  of  such  district  and  the  pro- 
posed change  in  its  boundaries;  and,  if  a  majority  of  the  voters  at 
such  town  meeting  vote  to  make  the  change,  as  voted  by  such 
district,  such  vote,  together  with  all  the  proceedings  regarding 
such  change  of  boundaries,  of  both  the  town  and  district,  shall  be 
recorded  in  the  town  clerk's  office,  whereupon  such  change  of 
boundaries  shall  be  established. 

Merger  of  Town  and  Incorporated  School  Districts. 

Sec.  1395.  Procedure.  An  incorporated  school  district 
may,  by  a  majority  vote  of  the  legal  voters  present  and  voting 
at  any  meeting  legally  warned,  surrender  its  charter  as  a  corpora- 
tion for  the  maintenance  of  public  schools,  or  such  part  of  its 
charter  as  pertains  to  the  maintenance  of  public  schools.  Such 
surrender  shall  take  effect  not  later  than  July  first  or  December 
first  following  the  vote  so  taken,  and  such  school  corporation  shall 
cease  to  exist,  and  it  shall  become  thereby  a  part  of  the  town 
school  district.  .     . 

Sec.  1396.  Same.  A  town  district  may,  by  a  majority 
vote  of  the  legal  voters  present  and  voting  at  any  meeting  legally 
warned,  become  a  part  of  an  incorporated  district,  provided  the 
incorporated  district,  at  a  meeting  legally  warned,  votes  to  accept 
such  merger.  Such  merger  shall  take  effect  April  first  or  Septem- 
ber first  following  the  vote  so  taken.  When  such  a  merger  has 
occurred,  the  incorporated  district  shall  be  considered  a  town  dis- 
trict in  all  respects  pertaining  to  the  maintenance  and  administra- 
tion of  its  public  schools. 

Sec.  1397.  Effect  of  merger.  In  case  of  a  union  of  an 
incorporated  district  and  a  town  district  under  either  of  the  two 
preceding  sections,  each  district  shall  settle  its  own  business 
affairs  and  pay  all  its  indebtedness,  except  for  repairs  and  new 
buildings,  shall  deposit  its  records  with  the  town  clerk,  and  shall 
no  longer  exist  except  for  the  settlement  of  its  own  pecuniary 
affairs. 


60 


PART  VIII. 
STATE  SCHOOLS  OF  AGRICULTURE. 


CHAPTER  72. 

STATE  SCHOOLS  OF  AGRICULTURE. 

Sec.  1403.  How  constituted;  purpose.  The  state 
school  of  agriculture  at  Randolph  (and  the  Theodore  N.  Vail 
agricultural  school  and  farms  at  Lyndon*)  shall  constitute  the 
special  agricultural  schools  of  the  state  for  the  purpose  of  devel- 
oping the  agricultural  resources  of  the  state  through  practical 
instruction  in  agriculture,  including  tillage,  crop  raising,  gar- 
dening, orcharding,  forestry,  dairying,  stock  raising,  farm  man- 
agement, marketing  and  the  allied  subjects  of  domestic  science 
and  the  manual  arts,  and  especially  through  vocational  instruc- 
tion incidental  to  agricultural  training. 

Sec.  1404.  State  board  of  education  to  manage 
schools,  etc.  The  state  board  of  education  shall  have  the 
management  and  control  of  such  schools  and  farms  and  shall  have 
authority  to  appoint  and  remove,  at  its  pleasure,  superintendents, 
principals,  teachers,  experts  and  chemists  and  shall  employ  all 
necessary  assistants,  clerks  and  laborers  and  shall  fix  the  wages 
of  all  persons  so  appointed  or  employed.  Said  board  shall  make 
regulations  for  the  management  of  such  schools  and  farms  not 
inconsistent  with  law  and  prescribe  the  courses  of  study  and 
methods  of  instruction  and  experiment  to  be  followed  in  such 
schools  and  on  such  farms  and  shall  formulate  certificates  to  be 
conferred  at  graduation  from  such  schools.  Said  board  shall 
.  carry  on  the  lands  and  care  for  the  buildings  belonging  to  such 
schools  and  farms  and  may  sell  the  products  of  the  same,  and  all 
moneys  received  therefor  and  all  moneys  received  from  other 
sources  in  connection  with  such  schools  and  farms  shall  be  covered 
into  the  state  treasury  by  said  board. 

Sec  1405.  Donations  and  bequests.  Said  board  is 
authorized  to  receive  in  the  name  of  the  state  donations  and  be- 
quests which  may  be  given  for  the  equipment  and  maintenance 
of  such  schools  and  farms  and  shall  cover  the  same  into  the  state 
treasury  subject  to  the  restrictions  and  limitations  of  such  dona- 
tions and  bequests. 

Sec  1406.  State  treasurer's  duties.  All  moneys  cov- 
ered into  the  state  treasury  under  the  provisions  of  this  chapter 
shall  be  held  by  the  state  treasurer  to  the  use  of  such  schools  and 
farms,  and  said  treasurer  shall  receive  all  moneys  appropriated 
by  act  of  Congress  extending  aid  to  such  schools  and  farms  or  like 

♦Theodore  N.  Vail  School  discontinued  in  1920 

61 


schools.  The  auditor  of  accounts  is  hereby  authorized  to  draw- 
orders  in  favor  of  the  state  board  of  education  for  the  amount  of 
such  moneys  or  the  income  and  profit  thereof,  according  to  the 
provisions  of  this  chapter  and  according  to  the  provisions  of  such 
donations  and  bequests  and  according  to  provisions  of  acts  of 
Congress. 

Sec.  1407.  Reports.  Said  board  shall,  in  each  even  year, 
make  a  report  to  the  governor  of  the  work  clone  during  the  pre- 
ceding two  years,  the  condition  of  such  schools  and  farms  and 
their  needs,  with  a  detailed  statement  of  the  financial  conditions 
of  such  schools,  the  moneys  received  and  from  what  sources,  and 
the  moneys  expended  and  for  what  purposes.  Such  report  shall 
be  printed  with  the  report  of  the  commissioner  of  agriculture. 

Sec.  1408.  Manner  of  drawing  appropriations.  The 
auditor  of  accounts  is  hereby  directed  to  draw  orders,  not  exceed- 
ing the  several  amounts  annually  available  for  the  use  of  such 
schools,  in  favor  of  the  state  board  of  education,  upon  the  requisi- 
tion of  the  superintendent  of  each  institution  respectively  when 
approved  by  three  members  of  said  board. 


PART  IX. 
MENTALLY  DEFECTIVE  PERSONS. 

Chapter  73. — Instruction  of  mentally  defective  persons. 
Chapter  74. — Vermont  state  school  for  feeble-minded  children. 


CHAPTER  73. 

INSTRUCTION  OF  MENTALLY  DEFECTIVE  PERSONS. 

Commissioner. 

Sec.  1409.  Governor  to  be  commissioner.  The  gov- 
ernor, by  virtue  of  his  office,  shall  be  commissioner  of  the  deaf, 
dumb,  blind,  idiotic,  feeble-minded  or  epileptic  children  of  indi- 
gent parents,  and,  as  such  commissioner,  shall  constitute  the 
board  for  their  instruction. 

Sec.  1410.  Report;  compensation.  The  governor  shall 
report  biennially  to  the  general  assembly  his  doings  under  this 
chapter,  with  an  account  of  the  expenditures,  and  shall  receive 
fifty  dollars  annually  for  his  services  as  such  commissioner. 

Sec.  1411.  Institutions  for  instruction.  The  bene- 
ficiaries specified  in  this  chapter  shall  be  instructed  in  the  follow- 

62 


ing  institutions:  the  deaf  and  dumb  at  the  American  Asylum  for 
the  education  of  the  deaf  and  dumb  at  Hartford,  Connecticut, 
the  Clark  School  for  the  deaf  at  Northampton,  Massachusetts, 
the  Mystic  Oral  School  at  Mystic,  Connecticut,  or  the  Austine 
Institution  at  Brattleboro,  Vermont;  the  blind  at  the  New  Eng- 
land Institute  for  the  instruction  of  the  blind  at  Boston,  Massa- 
chusetts; and  the  idiotic  or  feeble-minded  children  at  the  Massa- 
chusetts School  for  the  Idiotic  and  Feeble-Minded  Youth  at 
Boston,  or  at  such  other  institutions  of  like  nature  as  the  gov- 
ernor selects. 

Sec.  1412.  Duties  of  governor.  The  governor  may 
provide  for  the  instruction  of  blind,  deaf  and  dumb  children  over 
fourteen  years  of  age,  and  of  blind  adults,  in  such  schools  without 
the  state  as  he  may  designate,  but  such  schools  shall  be  selected 
with  a  view  to  furnishing  instruction  in  such  trades  or  lines  of 
work  as  will  be  best  calculated  to  enable  such  persons  to  become 
self-supporting. 

Sec.  1413.  Listers'  duties.  The  board  of  listers  in  a 
town  shall  ascertain  and  certify  to  the  county  clerk,  on  or  before 
the  first  day  of  May,  annually,  the  number  of  deaf  and  dumb 
persons  and  the  number  of  blind  and  epileptic  persons  in  such 
town,  their  ages,  conditions  and  circumstances,  and  the  ability  of 
their  parents  to  educate  them,  the  names  of  all  idiotic  or  feeble- 
minded children  between  the  ages  of  five  and  fourteen  years  re- 
siding in  such  town  and  the  pecuniary  ability  and  circumstances 
of  their  parents  or  the  persons  bound  to  support  them,  and 
whether,  in  the  opinion  of  said  board,  the  persons  named  are 
proper  subjects  for  the  charity  of  the  state,  and  whether  they  and 
their  parents  or  guardians  are  willing  that  they  should  become 
beneficiaries  of  any  of  the  institutions  provided  for  the  instruc- 
tion of  such  persons. 

Sec.  1414.  County  clerks  to  make  returns.  A  county 
clerk  shall  annually,  before  the  first  day  of  June,  make  return  to 
the  governor  of  the  information  he  receives  from  the  several 
boards  of  listers  in  his  county. 

Sec.  1415.  Duties  of  governor.  The  governor  may  desig- 
nate beneficiaries,  may  direct  the  auditor  of  accounts  to  draw 
orders  for  any  part  of  the  funds  available  for  the  purposes  of 
this  chapter,  may  superintend  and  direct  all  concerns  relating  to 
the  education  of  the  deaf,  dumb,  blind,  idiotic,  feeble-minded  or 
epileptic  children,  inhabitants  of  the  state,  and  may  allow  all 
or  any  portion  of  the  expense  of  their  conveyance  to  and  from  and 
support  in  the  institutions  in  which  they  are  instructed,  for  such 
time  as  he  deems  proper;  and  he  may  take  bonds  to  indemnity  I  lie 
state  against  the  expenses  which  accrue  in  consequence  of  tin- 
sickness,  clothing  or  transportation  of  a  beneficiary. 

Sec.  1416.     Selectmen  to  give  bond.     The  selectmen  of 

the  several  towns  may  execute  in  their  official  capacity  in  behalf 

63 


of  their  respective  towns,  without  a  previous  vote,  the  bond  which 
may  be  required  to  be  given  by  the  town  to  indemnify  the  state 
against  expenses  which  may  accrue  in  consequence  of  the  sickness, 
clothing  or  transportation  of  the  deaf,  dumb,  blind,  idiotic,  feeble- 
minded or  epileptic  beneficiaries  from  such  town. 

Sec.  1417.  Town  to  defray  expense  of  transportation; 
when.  When  a  person  is  designated  a  beneficiary,  the  town  in 
which  he  resides  shall  defray  the  expenses  of  his  conveyance  to 
and  from  the  institution  in  which  he  is  to  be  instructed,  if,  in 
the  opinion  of  the  selectmen,  his  parent  or  guardian  is  not  able 
to  pay  the  same. 

Sec.  1418.  Instruction  within  state.  The  governor 
may  designate  one  or  more  blind  or  deaf  and  dumb  beneficiaries, 
under  the  provisions  of  this  chapter,  to  be  educated  within  this 
state,  when,  in  his  judgment,  adequate  advantages  exist  for  proper 
instruction  and  the  public  good  will  be  subserved  thereby. 

Sec.  1419.  Same.  The  governor  shall  allow  for  the  bene- 
fit of  such  a  person,  from  the  general  funds  available  to  carry  out 
the  provisions  of  this  chapter,  a  sum  equal  to  the  amount  paid 
for  a  single  beneficiary  at  any  of  the  institutions  mentioned  in 
the  eighth  preceding  section;  and,  upon  receiving  a  certificate 
from  the  selectmen  of  the  town  in  which  such  person  resides  that 
a  proper  course  of  study  has  been  pursued,  he  may  direct  the 
auditor  of  accounts  to  draw  orders  in  quarterly  installments  in 
favor  of  the  person  whom  he  shall  designate  for  the  payment  of 
such  sum. 

Sec.  1420.  Compulsory  attendance.  A  deaf  or  blind 
child  who  is  within  the  age  of  a  legal  pupil  and  who  is  designated 
under  the  provisions  of  this  chapter  by  the  governor  to  an  in- 
stitution for  the  education  of  the  deaf  and  blind  in  this  state, 
shall  attend  such  designated  institution  during  its  regular  sessions 
for  the  period  for  which  said  child  is  designated  unless  said  child 
is  mentally  or  physically  unable  so  to  attend  or  has  already  ac- 
quired knowledge  of  the  studies  required  to  be  taught  in  the 
elementary  school  course  or  is  otherwise  being  furnished  with  the 
same  education,  provided  that  said  child  shall  not  be  required 
to  attend  more  than  forty  weeks  in  any  school  year. 

Sec.  1421.  Penalty.  A  person  having  control  of  a  child 
who  neglects  or  refuses  to  permit  said  child  to  receive  instruction 
as  provided  in  the  preceding  section,  shall  be  fined  not  more  than 
twenty-five  dollars  nor  less  than  five  dollars.  Justices,  municipal 
and  city  courts,  shall  have  concurrent  jurisdiction  with  the  county 
court  of  offenses  arising  under  this  section,  and  the  provisions  of 
section  one  thousand  two  hundred  and  fifty-eight,  relating  to 
complaint  and  prosecution  shall  apply  to  this  section. 

Sec.  1422.  Powers  of  Governor.  Twenty-five  hundred 
dollars  of  the  moneys  annually  available  for  the  benefit  of  the 
beneficiaries  named  in  this  chapter  may  be  expended  by  the 

64 


governor  in  his  discretion,  for  the  care,  education  and  training  of 
such  beneficiaries  after  they  have  been  discharged  from  the  in- 
stitutions in  which  they  have  been  kept  as  subjects  of  state  char- 
ity. The  governor  may  make  contracts  with  any  person,  asso- 
ciation or  corporation  for  carrying  out  the  provisions  of  this  sec- 
tion, and  may  direct  the  auditor  of  accounts  to  draw  orders  for 
any  part  of  the  moneys  available  for  the  purposes  of  this  section. 

Austine  Institution. 

Sec.  1423.     Conditional    appropriation.     The    sum    of 

fifty  thousand  dollars  appropriated  to  the  Austine  Institution 
by  virtue  of  section  one  of  number  seventy-four  of  the  acts  of 
nineteen  hundred  and  ten  is  conditioned  upon  such  corporation 
binding  itself  by  a  contract  to  the  satisfaction  of  the  governor 
that  it  will,  at  all  times,  receive,  instruct  and  care  for,  at  actual 
cost,  all  beneficiaries  which  the  governor  may  designate  to  be 
received  by  such  institution  under  the  provisions  of  this  chapter; 
and  such  appropriation  is  further  conditioned  that  if  such  in- 
stitution shall  cease  to  exist,  the  real  and  personal  estate  of  such 
corporation  shall  be  held  as  security  to  the  state  for  the  amount 
of  such  appropriation  and  may  be  sold  under  the  direction  of  the 
general  assembly  for  the  purpose  of  reimbursing  the  state  for  the 
amount  of  such  appropriation,  and  the  real  estate  of  such  cor- 
poration shall  not  be  sold  by  the  trustees  thereof  without  the 
consent  of  the  general  assembly. 

CHAPTER  74. 

VERMONT  STATE  SCHOOL  FOR  FEEBLE-MINDED 

CHILDREN. 

Sec.  1424.  Creation  and  purpose.  The  Vermont  state 
school  for  feeble-minded  children  is  created  and  established  for 
the  care,  training  and  education  of  idiotic  and  feeble-minded 
children. 

Director  of  State  Institutions. 

Sec.  1425.  General  duties.  The  director  of  state  in- 
stitutions shall  have  the  general  care,  control  and  management 
of  such  school  and  shall  faithfully  carry  out  its  purposes  and 
objects.  Said  director  shall  visit  such  school  at  least  once  each 
month. 

Sec.  1426.  Same.  Said  director  shall  make  necessary 
rules  and  regulations  for  the  government  of  such  school  and  its 
inmates,  not  inconsistent  with  the  provisions  of  this  chapter, 
and  do  all  necessary  acts  within  his  power  to  provide  for  the 
proper  care,  training  and  education  of  those  committed  to  such 

65 


school.  Said  director  shall  employ  and  remove  at  his  pleasure 
teachers,  clerks,  servants  and  employees  and  shall  fix  their  pay.* 
Said  director  shall,  with  such  teachers,  prescribe  and  adopt  courses 
of  instruction  for  the  inmates  of  such  school  and  prescribe  and 
adopt  means  and  methods  for  the  discipline  and  training  of  such 
inmates,  and  see  that  undue  force  is  not  used  in  enforcing  obedi- 
ence thereto.  Said  director  may  cause  such  inmates  to  perform 
such  amount  of  manual  labor  as  he  deems  to  be  conducive  to  the 
physical,  mental  and  moral  improvement  of  such  inmates. 

Sec.  1427.  Employment  of  experts.  Said  director 
may  employ  an  expert  physician  or  physicians  of  repute  and  pro- 
fessional skill  and  of  special  fitness  in  the  treatment  of  such  men- 
tally defective  persons  as  may  be  committed  to  such  school,  to 
prescribe  for  and  treat  them  professionally.  Said  director  shall 
fix  the  compensation  to  be  paid  such  physicians,  and  the  auditor 
of  accounts  is  hereby  authorized  to  draw  an  order  to  pay  bills 
therefor  as  said  director  shall  present,  when  certified  to  by  said 
director.* 

Sec.  1428.  Power  to  receive  gifts,  etc.  Said  director 
is  empowered  to  receive  by  gift,  bequest  or  otherwise,  any  money 
or  real  or  personal  estate,  made  for  the  use  and  benefit  of  such 
school,  and  shall  invest  such  moneys  so  received  in  safe  interest 
bearing  securities  and  in  the  corporate  name  of  such  school. 

Commitments. 

Sec.  1429.     Commitments  from  industrial  school.   An 

inmate  of  the  Vermont  industrial  school  who  shall  be  adjudged  by 
the  director  of  state  institutions  a  proper  subject  to  be  committed 
to  such  school,  shall  be  committed  therein  for  the  remainder  of 
his  term  of  commitment  to  such  industrial  school  upon  the  cer- 
tificate of  said  director,  accompanied  by  the  certificates  of  two 
physicians  who  are  duly  licensed  practitioners  in  this  state,  stat- 
ing that  such  child  is  a  suitable  and  proper  subject  for  com- 
mitment to  such  school. 

Sec.  1430.  Commitments.  An  indigent  child  of  this 
state,  between  five  and  twenty-one  years  of  age,  who  may  be 
considered  a  proper  subject  within  the  purview  of  this  chapter 
and  who  has  no  kinsmen  liable  and  able  to  provide  for  and  educate 
him,  may  be  received  into  such  school  at  the  expense  of  the  state 
under  the  provisions  of  this  chapter.  Any  child  may  be  received 
into  such  school  upon  payment  of  such  sum  and  upon  such  terms 
for  his  care,  training,  education  and  maintenance  as  said  director 
shall  determine. 

Sec.  1431.  Probate  court;  procedure.  The  parent  or 
guardian  of  a  child  mentioned  in  the  preceding  section,  a  member 
or  the  secretary  of  the  board  of  charities  and  probation  or  the 
selectmen  of  the  town  in  which  such  a  child  resides,  or  the  select- 

*See  Sec.  660 

66 


men  of  a  town  in  which  such  a  child  resides  although  not  indigent 
but  considered  a  proper  subject  to  be  committed  to  such  school, 
may  make  application  to  the  judge  of  the  probate  court  for  the 
district  in  which  such  child  resides,  for  an  order  of  commitment 
of  such  child  to  such  school;  and  thereupon  such  judge  shall  ap- 
point a  day  for  hearing  and  give  ten  days'  notice  thereof  to  the 
state's  attorney  and,  if  such  application  is  made  by  said  select- 
men or  by  a  member  or  the  secretary  of  the  board  of  charities 
and  probation,  give  like  notice  to  such  parent  or  guardian  if  his 
domicile  is  known  and,  if  unknown,  to  the  person  having  such 
child  in  charge.  At  such  hearing,  the  judge  may  hear  any  testi- 
mony he  may  deem  proper  to  be  submitted  to  him,  and  if,  after 
hearing,  he  is  of  the  opinion  that  such  child  ought  to  be  com- 
mitted to  such  school  and  if  certificates  duly  sworn  to  by  two 
physicians  who  are  duly  licensed  practitioners  in  this  state,  stat- 
ing that  such  child  is  a  suitable  and  proper  subject  for  commit- 
ment to  such  school,  are  filed  with  said  judge,  he  shall  issue  an 
order  of  commitment  and  attach  to  such  order  a  certified  copy, 
under  his  official  seal,  of  such  certificates;  and  thereupon  said 
child  shall  be  committed  to  such  school,  provided  there  is  room 
in  same  for  such  child.  At  such  hearing,  said  judge  shall  deter- 
mine whether  such  child  has  property  or  kinsmen  able  and  liable 
to  provide  for  his  support,  and,  if  he  finds  that  there  is  such  prop- 
erty or  kinsmen,  he  shall,  in  his  order  of  commitment,  state  his 
findings  in  respect  thereto.  The  property  and  kinsmen  of  such 
child  shall  be  subject  to  the  support  or  contribution  towards  the 
support  of  such  child  in  such  school  in  the  same  manner  that 
property  and  kinsmen  are  liable  under  the  provisions  of  chapter 
one  hundred  and  eighty-five.  The  state's  attorney  and  auditor 
of  accounts  shall  have  the  same  powers  and  duties  in  respect  to 
hearings,  property  and  kinsmen  under  this  section  as  they  have 
in  respect  to  persons  and  property  under  such  chapter.* 

Sec.  1432.  Appeal;  habeas  corpus.  An  order  of  com- 
mitment under  this  chapter  shall  be  subject  to  appeal  in  the  same 
manner,  by  the  same  persons  and  to  the  same  extent  that  the 
decrees  of  probate  court  appointing  guardians  over  persons 
alleged  to  be  insane  are  subject  to  appeal;  and  a  commitment 
under  this  chapter  shall  not  bar  habeas  corpus  proceedings,  but 
the  court  upon  habeas  corpus  proceedings  may  confirm  the  order 
of  commitment  whenever  justice  requires. 

Sec.  1433.  Order  of  admission.  The  following  order 
shall  be  observed  in  the  admission  of  children  to  such  school  under 
the  provisions  of  this  chapter: 

I.  Children  committed  from  the  Vermont  industrial  school; 

II.  Children  committed  by  the  probate  court  who  have  no 
property  or  kinsmen  liable  and  able  to  provide  for  and  educate 
them; 

*See  Sec.  6G0 

67 


III.  Children  committed  by  the  probate  court  who  have 
property  or  kinsmen  liable  and  able  to  provide  for  and  educate 
them;  and 

IV.  Children  who  may  be  received  upon  the  payment  of 
such  sums  and  upon  such  terms  as  said  director  shall  determine. 

Discharge. 

Sec.  1434.  By  whom  and  how;  effect.  An  inmate  of 
such  school  may  be  discharged  therefrom  by  the  director  of  state 
institutions,  or  by  a  superior  judge  after  proper  hearing  and  upon 
an  application  in  writing  of  any  person  considered  by  said  judge 
legally  interested,  whenever  a  further  detention  in  such  school  is 
deemed  unnecessary.  An  inmate  so  discharged  who  was  at  the 
time  of  commitment  to  such  school  under  sentence  to  such  in- 
dustrial school,  the  period  of  whose  sentence  had  not  then  ex- 
pired, shall  be  remanded  to  such  industrial  school  and  thereafter 
be  subject  to  the  terms  of  his  original  sentence. 


68 


INDEX 


Advanced  Instruction, 

Provisions  as  to,  1275-1291,  1371 

Agricultural  and   Industrial  Ex- 
positions, (XIII)  1371 

Agriculture,     State    Schools    of, 

1403-1408 

Building   Committee,    1330-b 
Commissioner  of  Education, 

Agricultural    textbook    prescribed 
by,  1238 

Appeals  as  to  school  accommoda- 
tions, 1245,  1273 

Employment;  term,  1175 

Lanterns  and  slides,  providing. 
1180 

Registers  prescribed  and  furnished 
by,  1306,  1307 

Reports,  1175 

Salary,    1175 

State  supervisors,  1181,  1182 

Supplementary  agricultural  reader, 
1238  ' 

Testing    sight    and     hearing     of 
pupils;  duties,  1318 

Courses, 

Agriculture,  1277,  1278,  1298-1302, 

1304,  1305,  1403 
Apportionment      for      vocational. 

(X-XII)  1371 
Elementary     and     rural     schools. 

1237-1241 
High  schools  other  than  junior  and 

senior,  1277,  1278 
Junior    and    senior    high    schools, 

1294,  1296,  1298 
Rural  schools,  1209,  1237 
Vocational,  1277,  1278,  1298-1302. 

1304,  1305,  1371,  1403 

Definitions, 

Between,  1244 

Elementary  schools,  1235 

High  schools,  1276 

Junior  and  senior  high  schools,  1292 

Kindergarten,  1234 

Legal  pupils,  1243 

Legal  schools,  1340 

Medical  inspectors,  1317 


Definitions,  Con. 
Public  schools,  1233 
Residence  of  pupils,  1245 
Rural  schools,  1209 
School  year,  1242 
Secondary  schools,  1235 
Teachers,   as  to  retirement  fund 
1227 

Directors,  Board  of, 

Appointment  and  removal  of  super- 
intendents, 1176 
Auditing  accounts  of,  1196 
Claims  allowed,  1192 
Clerk,  1197-1199 
Designation  of  schools  for  pupils  to 

attend,  1250 
Election  and  general  duties,  1187. 

1189-1196 
General  duties,  1192 
Grammar  school  lands,  1291 
Instruction  outside  district,  1247. 

1275,  1280,  1284,  1297 
Kindergartens  established  by,  1234 
Medical  inspectors  appointed  bv. 
1313  J' 

Music,  physical  culture  and  draw- 
ing, instruction  in,   1239 
Nonattendance  of  pupils  excused. 

1255-1257 
Oath,  1191 

Orders  drawn  by,  1192,  1193 
Orders,  payment  of;  action;  interest, 
1333  ' 

Organization,  1191 
Pay,  1193 

Reports,  1195,  1196 
Schoolhouses  provided  by,  1325 
Teachers,     employment    of;    con- 
tract, 1206-1211 
Terms  and  hours  fixed  by,  1242 
Textbooks,  appliances  and  supplies, 

1327,  1329 
Transportation  and  board  of  pupils, 

1269-1274 
Truant  officer  appointed  by,  1200 
Unauthorized  payments  by,  1194 
U.  S.  flags  provided  by,  1326 
Vacancies  filled  how,  1190 
Vacancy   if  account  not  audited, 
1196 

Education,  State  Board  of, 

Agricultural  schools,  management 
of,  1172,  1404 


69 


Education,  State  Board  of,  Con. 
Appeals  as  to  advanced  instruction, 

1275 
Appointment,  removal  and  general 

duties,  1169-1174 
Apportionment  for,   (I)   1371 
Certificate  of,  for  division  of  town 

school  funds,  1340 
Chairman,  1169 
Classification  of  secondary  schools, 

1292 
Commissioner  appointed  by,  1175 
Cooperation  with  federal  board  of 

vocational  education,  1304 
Courses  prescribed  by,  1237 
Gifts,  bequests,  etc.,  approval  and 

control,  1363-1365 
Inspectors,  etc.,  appointed  by,  1173 
Land  for  gardening,  etc.,  1301 
Money  from  private  sources,    (6) 

1172 
Normal  schools,  duties  as  to,  1398- 

1402 
Reports,  1174,  1399,  1407 
Superintendents    appointed    by, 

1176 
Teacher-training  courses,  1214-1217 
Teachers,  examination  and  certifica- 
tion of,  1202-1205 
Terms  of  office,  1169 
Vacancies  filled  how,  1190 

Educational  Meetings,  (IV)  1172, 
(IV)  1371 

Evening  Schools,  1236 

Feeble-Minded  Children, 

State  school,  1424-1434 


Incorporated   School   Districts, 

Advanced    instruction,    apportion- 
ment for,  (VII)  1371,  1374 
Application  of  laws,  1374 
Apportionment     of     consolidated 

school  fund,  etc.,  1374 
Bond  of  treasurer  and   collector; 

vacancy,  1376 
Books  and  papers  turned  over  to 

successor;  penalty,  1381 
Boundaries,  change  of,  1393,  1394 
Clerk,  vacancy  in  office,  1375 
Collectors  of  taxes,  1375, 1376, 1378, 

1387-1392 
Division  of  town  funds,  1340-1342 
Elementary  and  higher  instruction. 

1374 
Execution  against,  1392 
Medical  inspection,  1374 
Meetings;  warnings  for,  1185,  1380, 

1382-1386,  1393-1396,  1394,  1396 
Merger  of  town  and  incorporated 

district,  1395-1397 
Moderator,  1377 
Officers,  duties,  1374,  1376 
Officers;  election;  term,  1374,  1375 
Pupils,  transportation,  board  and 

attendance  of,  1374 
Records;  copies;  penalty,  1386 
Statistical  information,  1379 
Taxes,  1374,  1387-1392 
Textbooks  and  appliances,  1374 
Truancy,  1374 

Vacancies,  1375, 1376, 1380, 1381 
Voters,  eligibility  of,   1186,   1188, 

1374,  1385 

Inspectors,  1173 
Legal  Holidays,  1213-b 


Fire  Drills,  1322-1324 

High  Schools, 

Apportionment     for     junior     and 

senior,  (VIII)  1371 
Courses  other  than  in  junior  and 

senior,  1277,  1278 
Defined,  1276,  1286 
Grammar  school  land  funds,  1291 
Junior  and  senior,  1292-1302 
Liability    of    district    for    tuition, 

1282-1287 
Qualifications  of  pupils,  1279-1281, 

1284 
State  aid,  1288,  1289 
Town     district    to     maintain,     or 

furnish  higher  instruction,  1275, 

1284,  1297 
Transportation  of  pupils,  1290 


Medical  Inspectors, 

Appointment  and  duties,  1260, 
1313-1317,  1321 

Normal   Schools,    (V)    1172,    (IX) 
1371,  1398-1402 

Penalties, 

Attendance,  offences  relating  to, 
1258,  1266-1268 

Clerk,  neglect  of  duty,  1384,  1386 

Directors  allowing  unlawful  pay- 
ment, 1194 

District  clerk  neglecting  duty, 
1384,  1386 

District  collector  neglecting  duty, 
1388 

District  meetings,  neglect  to  warn, 
1384 


70 


Penalties,  Con. 

False  information  as  to  child's  age, 
1249 

False  statements  as  to  school 
money;  unlawful  distribution, 
1342 

Fire  drills,  teacher  neglecting,  1323 

Incorporated  school  district  officers, 
1381,  1384,  1386,  1388 

Officer  failing  to  pass  over  books, 
etc.,  to  successor,  1381 

Officials  neglecting  duty,  1267 

Parent,  etc.,  refusing  to  give  in- 
formation to  clerk,  1249 

Public  money  unlawfully  distribut- 
ed, 1342 

School  funds  distributed  unlawfully, 
1342 

Teacher,  neglect  of  duty  under 
truancy  law,  1268 

Textbooks,  etc.,  receiving  pay  for 
recommending,   1329 

Truancy  or  disobedience,  1258, 1266 

Truant  officer  neglecting  duty, 
1267 

Permanent  School  Fund, 

Audit,  1360 

Compensation  of  trustees,  1351 

Composition  and  use  of,  1302, 1347, 

1352-1354,  1373 
Gifts,  bequests,  etc.,  1361-1365 
Liability  of  trustees,  1358 
Report  of  trustees,  1359,  1360 
State  treasurer's  duties  as  to,  1350, 

1352-1354,  1356-1358 
Trustees,    1347-1353,    1355-1364 
United  States  deposit  money  loan- 
ed towns,  1355-1357 

Public  Schools, 

Attendance,  general  provisions, 
1243  1257 

Classification,  1232-1236 

Contagious  diseases,  etc.,  closing, 
1242 

Courses,  1237-1241 

Lincoln  memorial  exercises,  1241 

Memorial  Day,  exercises  concern- 
ing, 1240 

Number  and  location,  1192,  1232 

Petition  for  location,    1232 

School  year,  1242 

Pupils, 

Age,  provisions    concerning,  1243, 

1244,  1253-1257 
Attendance,    generally,    1243-1257 
Clerk  of  directors  to  prepare  list  of, 

1248 
Clothing,  provided  with,  1261 


Pupils,  Con. 

Compulsory  and  continuous  attend- 
ance, 1254-1257 

Designation  of  school  to  attend, 
1250 

Discipline,  1263-1265 

Dismissal  on  account  of  conduct, 
etc.,  1264 

Excuse  from  attendance,  1251-1257 

Inability  to  attend,  investigation  of, 
1260 

Instruction  outside  district,  1247, 
1275,  1280,  1284,  1297 

List  of,  1248-1250 

Medical  examination,  1260,  1314- 
1316 

Mentally  or  physically  unfit,  1260 

Non-resident;  power  of  superin- 
tendent and  truant  officer  over, 
1246,  1262 

Parent  giving  false  information 
fined,  1249 

Parent  prosecuted  for  nonattend- 
ance,  1258 

Privileges  in  adjoining  towns  may 
be  demanded,  1247 

Qualifications  for  advanced  in- 
struction, 1279-1281,  1284 

Residence,  1245 

Secret  societies,  restrictions  as  to 
joining,    1265 

Sight  and  hearing,  testing  of,  1318- 
1321 

Transportation  and  board,  1269- 
1274,  1290 

Truancy,  1258,  1259,  1262,  1266 

Registers  and  Returns,  1306-1312 

Rural  Schools, 

Apportionment  for,  (XIV)  1371 
Courses,  1237 
Defined,  1209 

Teachers,  provisions  as  to,  1208, 
1209,  (VI)  1371 

School  Officers, 

Elected  at  town  meeting,  1185 

School  Taxes  and  Funds, 

Apportionment  denied  if  tax  not 
voted,  1332 

Consolidated  school  fund,  1369- 
1373 

Division  of  town  funds,  1339-1342 

Equalizing  advantages,  apportion- 
ment for,  (XIV)  1371 

Excessive  payment  by  state,  re- 
covery, 1373 

Grammar  school  lands,  income  of, 
1291 

71 


tool  i  axes  and  Pun  da,  ( 'on. 
rand  list,  L881 
■I  i-  .ii    school"    for    purposes    ol 

division,    1340 
Orders  for  apportionments,  1872 
Permanent  school  fund,  1302,  1847- 
ISfti       -         also      Permanent 

School  Fund) 
Schoolhousea,  t:i\  to  build,  1826 
Nvuniirs;  deeds;  leases.  1336-1339 
Selectmen's    duties,    1336,    i;i;>7, 

1339-1842 
State  school  tax,  1366-1369 
Tax  specifically  voted;  minimum, 

1332 
l\uvn  school  fund.  1336-1342 
United  States  deposit  money,  1842- 

1847,  1354-1356,  I 
Vocational  education,  for  instruc- 
tion in,   1299-1302,   1304,  1305, 
\-\ll     1371 

School  Tear, 
Defined,  1242 

Schoolhoases  and  Property. 
Directors'  duties.  1192,  1325 
Fla§ displayed  on  promises:  penalty, 
1326 

Grammar  school  lands.  1291 
Taking  land  for,  1330 

Summer  Schools,   (IV)  1172,   (IV) 
1371 

Superintendents. 

Appointment;   pay;   Tenure,    1176, 

1178 
Apportionment  for,  117 v    D    1371 
Attendance  of  pupils  excused  hv, 

1251-1253 
Clot  hinc'S;  providing   pupils    with, 

1261 
Directors  to'appoint.  when.  1178 
Discipline,  powers  as  to,  1263-1265 
Inv  estig      -  n  of  pupils'  inability  to 

attend,  1360 
Lanterns  and  slides,  duties  as  to, 

11  SO 
Neglect      :'   official  dutv;  penaltv, 

1267 
N  c  iiresident^  pupils,     jurisdiction 

over.  12   2 
Fewer  to  take  pupil  to  school,  1259 
Regional  or  state  meetings.  1179 
Registers,  duties  as  to.  1307,  1309, 
.   10 

.-.oorts,  1177,  12"  4 
SahtKB,  1176.  1171 

.  hers,  dismissal  of,  1211 


Superintendents,  Con. 

teachers  employ  ment  approved  by, 

L208 
Textbooks  approved  by,  1327 

Teachers, 

Certificates  from  other  states,  1204 
( torpors!  punishment,  powers  as  to, 
1263 

Dismissal  of,  1211 
Employment,  pay  and  contract, 

1206-1211 
Examination  and   certification, 

1202-1205 
Music,  physical  culture  and  draw- 
ing 1239 
Pensions,    1218,   1219 
Registers,  duties  as  to,  1250,  1308, 

1309 
Retirement  fund,  1220-1231 
Revocation  of  certificates,  1203 
Rural  schools,   reimbursement  by 

state.  120S,  1209,  (VI)  1371 
Teacher-training  courses,   1214- 

1217,  (III)  1371 
Testing  sight  and  hearing  of  pupils, 

1319 
Time  allowed  to,  1212,  1213 
Violation  of  law,  penalty  for,  1268 

Textbooks  and  Appliances, 

Directors  to  provide,   1327 
Injury  to,  action  for,  1328 
Lanterns  and  slides,  1180 
Nonresident  pupils  furnished,  1327 
Selection;  penaltv  for   taking  gra- 
tuity, 1329 
Superintendent  to  approve  of,  1327 
Supplementary  agricultural  reader, 
1238 

Town  District, 

Action  against  if  order  not  paid, 

1333 
Book  rent,  payment  of,  1287 
Establishment,  officers,  etc.,  1183- 

1201 
Grand  list,  taxes,  etc.,  1331,  1332 
High  school  maintained,  or  higher 

education  furnished,  1275,  1284, 

1297 
Incorporated  school  district,  union 

with,  1395-1397 
Junior    high    schools    maintained, 

1293 
Meetines:  warnings,  1185 
Off.  cted  at  town  meetings, 

1185 
Officers,  women  mav  be,  1188 
1218,  1219 

boo)  directors,   1187,   1189-1196 


72 


Town  District,  (  'on. 

State  aid  tor  advanced  instruction 
L288,   1289,   (VII)    1371,   I 

Town  dork's  duties,  1184 

Treasurer;   duties;   reports,    1333 
1334 

Tuition  in  high  school,  etc..  liabil- 
ity tor.  1282-1286 

Vacanoiec    among    officers,    U90, 
1196 

national  courses,  reimbursement 
for.  1299,  1300 

Voters,  eligibility  of,  11S6, 1188 

Transportation  and  Board, 

Appeal  to  commissioner  of  educa- 
tion. 1273 
Apportionment  for,  1271,  (V)  1371 
General  provisions,  1269-1274 
Superintendent  to  report  as  to,  1274 


rtansportation  and  Board,  i 

transportation  of  advanced  pupils. 

Truant  Officers, 
Appointment,  1200 
Complaints  by,  1258 
Duties  on  pupils'  nonattendance, 

L258-1262 
Pees,  1201 
Neglect  of  official  dutv;  penaltv, 

1267  ■ 

Nonresident     pupils,     jurisdiction 
over,  1262 

Notice  of  nonattendance,  1256 
Tower  to  take  pupils  to  school,  1259 
Unorganized  towns  and  gores,  1303 
Who  are  ex  officio,  1200 

Unorganized   Towns   and    Gores. 

1303 


n 


mn  *  l>V 


kyracus*,  ri.i. 
Stockton,  Cal»f. 


